During the construction process, a property owner (or his or her lessee) may ask the contractor for a lien waiver in exchange for a full or partial payment.

Michigan defines four permissible types of lien waivers. These include: (1) Partial Unconditional Waiver, (2) Partial Conditional Waiver, (3), Full Unconditional Waiver, and (4) Full Conditional Waiver. M.C.L. 570.1115(9).

Use a partial conditional waiver of lien when the claimant receives an agreed-upon payment for his or her contract from the owner, lessee, or designee. M.C.L. 570.1115(4). This partial payment may be a scheduled disbursement, be tied to a progress point in the improvement process, or another circumstance as set out in the original contract.

A waiver under this section takes effect when a person makes payment relying on the waiver, unless at the time the payment was made, the person making the payment had written notice that the payment or consideration for the waiver has failed (i.e., the check bounced at the bank). M.C.L. 570.1115(6).

Lien waiver forms must be in writing and must comply with Michigan law to be valid. Include the names of the contractor and the property owner, and identify the property and dates covered by the recorded lien.

Lien waivers can be confusing and issuing the wrong type of waiver (or issuing one too early) can lead to dire consequences for construction liens. Contact an attorney with questions about waivers or any other issues related to liens in Michigan.

How to Use This Form

Select your county from the list above
Download the county-specific form
Fill in the required information
Have the document notarized if required
Record with your county recorder's office

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Common Uses for Partial Conditional Waiver of Lien

File a lien for unpaid construction or renovation work
Provide notice of intent to file a lien for unpaid work
File a lien to prevent property sale until payment is received
Provide required pre-lien notice before filing a claim

Compare other Michigan deed forms and documents

Quitclaim Deed Lady Bird Quitclaim Deed Gift Deed Warranty Deed Special Warranty Deed Grant Deed Correction Deed Easement Deed Termination of Easement Warranty Deed with Enhanced Life Estate Mortgage Secured by Promissory Note Mortgage Subordination Assignment of Mortgage Discharge of Mortgage Partial Discharge of Mortgage Assignment of Leases and Rents Discharge of Assignment of Leases and Rents Land Contract Memorandum of Land Contract Full Discharge of Memorandum of Contract Durable Power of Attorney Power of Attorney - Seller Power of Attorney - Borrower/Buyer Mineral Deed Mineral Deed with Quitclaim Covenants Personal Representative Deed Notice of Commencement Notice of Furnishing Sworn Statement of Account Claim of Lien Partial Unconditional Waiver of Lien Full Conditional Waiver of Lien Full Unconditional Waiver of Lien Discharge of Lien Disclaimer of Interest Certificate of Trust MCL 700.7913 Lis Pendens Lis Pendens Release

Important: County-Specific Forms

Our partial conditional waiver of lien forms are specifically formatted for each county in Michigan.

After selecting your county, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.

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