Michigan Partial Unconditional Waiver of Lien

A Michigan partial unconditional waiver of lien surrenders construction lien rights on the strength of a signature rather than on a cleared check. Section 115 of the Construction Lien Act prints four waiver formats, and this is the one MCL 570.1115(3) names once partial payment has arrived: it waives the claimant's construction lien to the dollar figure on its face, for labor or materials provided through the date beside that figure.

No condition rides on this waiver

One sentence separates the statutory formats. The conditional ones carry a line conditioning the waiver on actual payment of the amount shown, and MCL 570.1115(4) makes them effective upon that payment. This format prints no such line; MCL 570.1115(6) fixes its moment of effect instead, making a waiver effective when a person makes payment relying on it, unless the person paying then has written notice that the consideration for the waiver has failed. MCL 570.1115(1) also voids a waiver required as part of a contract for an improvement, except to the extent payment for the labor and material furnished was actually made.

One amount, one date, and nothing beyond them

Partial means the reach of the waiver is measured. The operative sentence waives the construction lien to the amount entered after the printed dollar sign, for labor and materials provided through the date entered beside it. Later billings and money still held back sit outside those two entries, and MCL 570.1115(5) adds that retainage not payable until a further event happens, beyond providing the improvement, is not due as of the date the improvement was provided. That date carries weight off the form too: under MCL 570.1119(3) a construction mortgage advance outranks a later lien where the mortgagee first received a partial unconditional waiver for the full amount then due, waived through a day within 30 days before the advance.

The coverage line the statute prints

The statutory money sentence ends in a two-way statement: this waiver, together with all previous waivers, if any, does or does not cover all amounts due to the claimant for contract improvement provided through the date shown. The statute prints both alternatives and circles one. This form prints both with a box beside each and marks neither, because MCL 570.1115 states no consequence for an unmarked line. The completed example marks the second box, the pattern that appears where retainage and later billings stay open.

Residential work brings a verification call

MCL 570.1115(7) treats residential structures separately. Where the improvement goes to a residential structure and the waiver reaches the owner, lessee, or designee from someone other than the lien claimant named in it, that recipient may not rely on it, where the claimant filed a notice of furnishing under section 109 or is excused from doing so, without first verifying authenticity with the claimant in writing, by telephone, or personally. That paragraph prints on the face of the waiver, which is why the claimant's address and telephone number belong to the statutory format.

Where the waiver goes

This document is exchanged, not filed. Subsections (2) and (3) route it to the owner, lessee, or designee; the instrument that reaches the county register of deeds is the claim of lien under MCL 570.1111, prepared and recorded separately and not included in this package. Waivers still govern money: MCL 570.1107(6) caps construction liens at the amount agreed for the improvement, less payments made pursuant to a sworn statement or a waiver of lien under the act.

How this form is set up

The form carries one lien claimant and one signature block, with a printed-name line sized for an individual's name and, for a company claimant, a title, plus the address and telephone lines the verification rule relies on. It prints the contracting party, the labor or material provided, the property description, the waived amount, and the through date in the statutory order, then the two coverage boxes and the verification paragraph in the statute's own words. There is no notarial certificate, since section 115 prescribes none, and no conditional-payment sentence, since that sentence belongs to the conditional formats. A subcontractor's monthly progress payment, a supplier's partial billing, and a draw against a construction loan are the payment moments this mechanics lien waiver records.

The package contains the fillable partial unconditional waiver of lien, a completed example filled out for an Ottawa County mechanical subcontract, and a guide covering the statutory framework, each entry, signing, and delivery. The material is informational and is not legal advice.