Who uses these forms
Subsection (9) of MCL 570.1115 lays out four waiver forms [1], lettered (a) through (d): the Partial unconditional waiver, the Partial conditional waiver, the Full unconditional waiver and the Full conditional waiver. Their force is mandatory. Michigan directs that waivers of construction liens be executed in substantially the format the statute prints [1].
Each form is written in the voice of the lien claimant, who signs it, and each is addressed to a contract with an "other contracting party" for an improvement to described property [1]. What the forms give up is the claimant's construction lien, and the text of every form speaks of construction lien rights alone.
What the statute says about them
Two questions separate the four forms: how much is waived, and whether the waiver waits on money.
On the partial forms, the claimant waives its construction lien up to a stated dollar amount for labor or materials provided through a stated date [1]. The full forms go further. They recite that the contract has "been fully paid and satisfied" and waive and release all of the claimant's construction lien rights against the described property [1].
The conditional versions add a single sentence. The partial conditional waiver is "conditioned on actual payment of the amount shown above" [1], and the full conditional waiver is conditioned on actual payment of an amount written into its own blank [1]. The unconditional versions carry no such sentence.
Every form also contains a paragraph aimed at residential work. Where the improvement is to a residential structure, the owner or lessee (or a designee) has received a notice of furnishing from the claimant or none was required, and the waiver did not come directly from the claimant, that owner, lessee or designee may not rely on the waiver without contacting the claimant, in writing, by telephone or personally, "to verify that it is authentic" [1].
The forms call for no notarization, and none of them has a notary block [1].
Reading the blanks
All four forms begin with the name of the other contracting party, what the claimant provides, and a description of the property improved.
- Partial unconditional waiver (§ 570.1115(9)(a)) [1]. A dollar amount and a through date, then a choice to circle: whether this waiver and any earlier ones do or do not cover everything due for work through that date.
- Partial conditional waiver (§ 570.1115(9)(b)) [1]. The same amount, date and circled choice, followed by the condition tied to actual payment of that amount.
- Full unconditional waiver (§ 570.1115(9)(c)) [1]. No amount or date blank beyond the contract details; its text states the contract is paid.
- Full conditional waiver (§ 570.1115(9)(d)) [1]. The same contract details, plus one blank naming the payment the waiver is conditioned on.
The signature block on each form has lines for the signature of the lien claimant, the date, an address and a telephone number.
What changed recently
Section 570.1115 came from 1980, Act 497, effective January 1, 1982 [1]. It was amended by 1981, Act 191; 1982, Act 17; 2006, Act 572; and 2007, Act 28, which took effect June 28, 2007 [1].
Related
- Lien waiver forms by state
- Michigan retainage law
- Lien waiver template, labeled as not a statutory form, for states without a statutory form