12-State Regulated JurisdictionMCL § 570.1115 (Michigan Construction Lien Act)Notary Not Required (4 Statutory Forms)

Michigan Statutory Lien Waiver Law & Compliance Guide

Complete legal standards, mandatory form formats, retainage carve-out rules, and pre-flight draw verification guidelines under MCL § 570.1115 (Michigan Construction Lien Act) (Michigan Compiled Laws Chapter 570, Act 497 of 1980).

Governing Code
MCL § 570.1115 (Michigan Construction Lien Act)
MI Construction Law
Statutory Forms
4 Mandatory Types
Prescribed Formats
Notary Mandate
Not Required
Signatures Valid
Retainage Protection
Protected by Law
Automatic Carve-Out
Legal Framework & Governing Statutes

Understanding Michigan's Mechanics Lien Waiver Law

Michigan construction lien law under MCL § 570.1115 establishes a precise four-part statutory waiver structure under the Michigan Construction Lien Act. Michigan clearly delineates between partial vs full and conditional vs unconditional waivers. Furthermore, Michigan forms feature a unique statutory coverage clause where the claimant selects whether the waiver 'does' or 'does not' cover all amounts due through the date.

Designed to eliminate ambiguity between progress payments and final closeout, MCL § 570.1115 protects contractors, owners, and lenders. If payment is made by check, a conditional waiver is legally void if the check fails to clear.

Legal Enforceability Standard

Statute defines 4 distinct statutory forms. Waivers must substantially track statutory language; mandatory warning block required.

MI Statutory At-A-Glance

Official Title:Michigan Statutory Construction Lien Waiver
Code Citation:MCL § 570.1115 (Michigan Construction Lien Act)
Notary Public Requirement:Notarization is NOT required under MCL § 570.1115. Authorized representative signature is sufficient.
Preliminary Notice Timing:Notice of Furnishing under MCL § 570.1109 must be served within 20 days of first furnishing labor or materials.
Statutory Waiver Architecture

The 4 Mandatory Michigan Statutory Form Types

Under MCL § 570.1115 (Michigan Construction Lien Act), lien rights may only be waived and released using these specific prescribed statutory instruments. Any non-conforming or custom waiver is void or legally risky.

MCL § 570.1115(1)Form 1 of 4

Partial Conditional Waiver

Releases lien rights for progress billing conditionally upon check clearance.

When to Use:Submit with monthly progress pay applications prior to fund settlement.
Legal Trigger:Void if check does not clear; covers only amounts paid.
MCL § 570.1115(2)Form 2 of 4

Partial Unconditional Waiver

Releases progress payment lien rights unconditionally through the through-date.

When to Use:Execute only after progress draw funds have settled in the bank.
Legal Trigger:Effective immediately upon signing; waives rights through date.
MCL § 570.1115(3)Form 3 of 4

Full Conditional Waiver

Releases entire construction lien in full, conditioned upon final payment clearing.

When to Use:Submit for final contract balance and retainage prior to disbursement clearing.
Legal Trigger:Void if final payment instrument fails to clear bank.
MCL § 570.1115(4)Form 4 of 4

Full Unconditional Waiver

Permanent and complete discharge of all construction lien rights on the property.

When to Use:Execute only after 100% of contract balance and retainage have cleared.
Legal Trigger:Permanent and irrevocable termination of all construction lien remedies.
Compliance Specifications & Typography Mandates

Critical Legal Requirements Under MCL § 570.1115 (Michigan Construction Lien Act)

Verbatim Statutory Notice HeaderRule: Must include mandatory statutory warning regarding incomplete forms and check clearance.

DO NOT SIGN BLANK OR INCOMPLETE FORMS. RETAIN A COPY. IF PAYMENT IS BY CHECK, CONDITIONAL WAIVER IS VOID IF CHECK DOES NOT CLEAR.

Font size specification: Standard prominent typography. Failure to print this exact text block voids statutory compliance.

Notary Mandate

Notarization is NOT required under MCL § 570.1115. Authorized representative signature is sufficient.

Retainage Preservation

Partial waivers feature the statutory coverage option: checking '[ ] does not' cover all amounts preserves retainage and pending claims through the date.

Pending Change Orders

Pending modifications and extras must be protected by checking the 'does not cover' option or listing disputed claims under exceptions.

High-Risk Exposure

Top 3 Critical Michigan Lien Waiver Pitfalls

Common mistakes that trigger lender draw package rejections, lien forfeitures, or double-payment exposure on Michigan commercial jobs.

CRITICAL RISK#1

Mischecking the 'Does / Does Not Cover' Coverage Option

Michigan statutory forms include a checkbox: 'This waiver... [ ] does [ ] does not cover all amounts due'. Checking 'does' inadvertently waives retainage and pending extras.

Legal Consequence:Unintended waiver of all accrued retainage and unbilled change orders.
Best Practice:Ensure progress waivers check '[X] does not cover' to safeguard retainage balances.
HIGH RISK#2

Confusing 'Partial' with 'Conditional'

Project accountants often mistake Partial Unconditional for Conditional waivers, signing unconditional releases before checks clear.

Legal Consequence:Lien rights are forfeited even if the contractor's check is subsequently dishonored.
Best Practice:Always demand Partial Conditional waivers during active progress billing cycles.
HIGH RISK#3

Omitting the Mandatory Warning Header

Failing to print 'DO NOT SIGN BLANK OR INCOMPLETE FORMS' on the face of the document impairs statutory compliance under MCL § 570.1115.

Legal Consequence:Document may be challenged as non-statutory in lien foreclosure actions.
Best Practice:Include the verbatim statutory warning header on all four Michigan waiver types.
Pre-Flight Draw Verification Protocol

Michigan Draw Verification Checklist (GC / Project Accountant)

Run Automated Parity Audit →
1

Identify which of the 4 statutory Michigan waiver forms is submitted.

2

Verify the 'does' vs 'does not' coverage checkbox is correctly marked.

3

Check that mandatory statutory warning is prominently displayed.

4

Reconcile through-date against pay application period end date.

5

Audit Notice of Furnishing log under MCL § 570.1109.

Frequently Asked Legal Questions

Michigan Lien Waiver FAQs

Direct answers to high-intent questions regarding mechanics lien waiver statutory compliance under MCL § 570.1115 (Michigan Construction Lien Act).

Q:What are the four types of Michigan lien waivers under MCL § 570.1115?

Michigan defines four specific forms: Partial Conditional Waiver, Partial Unconditional Waiver, Full Conditional Waiver, and Full Unconditional Waiver.

Q:Do Michigan mechanics lien waivers require a notary?

No. Michigan Compiled Laws § 570.1115 does not require notarization for statutory lien waivers. An authorized signature is legally sufficient.

Q:What is the 'does / does not cover' checkbox on Michigan waivers?

Michigan forms include a line: 'This waiver... [ ] does [ ] does not cover all amounts due to me/us for contract improvement provided through the date shown'. Marking 'does not' preserves retainage and disputed extras.

Q:What happens if a check bounces after signing a Michigan conditional waiver?

Under MCL § 570.1115, a conditional waiver is expressly void if the check does not clear. The claimant's construction lien rights remain fully preserved.

Pre-Flight Draw Verification Engine

Audit Michigan Draw Packages in Under 10 Seconds

Instantly reconcile Subcontractor Invoices, AIA G702 Pay Apps, Michigan Statutory Lien Waivers, and ACORD 25 COIs with zero server retention and SHA-256 bank audit certificates.