Michigan Lien Waiver & Release — The Four Statutory Forms (MCL 570.1115, 2026)
✓ Verified against Michigan statutes · Reviewed August 2026 · By Michael Evan — Founder · 50 states · 799 rules
Michigan mechanics lien deadlines at a glance
Preliminary Notice
20 days — Notice of Furnishing
Mechanics Lien
90 days — From last date of furnishing
Enforcement
1 year — From filing
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What a Michigan Lien Waiver Is and the Four Forms That Are the Only Valid Ones
A lien waiver and release is the document a contractor, subcontractor, or supplier signs to give up construction lien rights in exchange for a payment. Michigan is one of roughly a dozen states that standardizes that document by statute. Under the Construction Lien Act, MCL 570.1115, a waiver of a construction lien is made using one of four forms set out in subsection (9), signed by the lien claimant or an authorized agent. Michigan builds its forms around two questions: how much of the claim is being released — a partial waiver releases the lien only for the specific dollar amount written on it, while a full waiver releases all construction lien rights on the project — and whether the claimant has actually been paid — a conditional waiver, under § 570.1115(4), is effective only upon payment of the amount indicated, while an unconditional waiver is effective the instant it is signed. Crossing those two questions produces the Full Unconditional, Partial Unconditional, Full Conditional, and Partial Conditional Waiver of Lien.
The Four Michigan Statutory Waiver Forms
The Partial Conditional Waiver is exchanged for a partial (progress) payment not yet received and releases the lien for the stated dollar amount only once that payment is actually received, per § 570.1115(4). The Partial Unconditional Waiver is given after a partial payment has cleared and releases the lien for the stated amount immediately on signing. The Full Conditional Waiver is exchanged to collect the final or full contract payment and releases all construction lien rights on the project once that payment is received. The Full Unconditional Waiver, given after full payment has cleared, releases all lien rights on the project immediately and is the most dangerous form to sign early. All four release the construction lien against the property; the difference is how much is released — a stated amount or the whole project — and when the release takes effect — on payment or on signing.
Conditional vs. Unconditional — the Distinction That Costs Money
Every real Michigan waiver problem lives in this distinction. A conditional waiver releases nothing until the payment it is exchanged for is actually received; MCL 570.1115(4) says a partial conditional or full conditional waiver is effective upon payment of the amount indicated, so it is the form to hand over in order to get a check — if the check bounces or never comes, the condition is unmet and the lien survives. An unconditional waiver releases the claimant's lien rights the instant it is signed, whether or not the claimant has been paid, with no payment condition to fall back on. A contractor who signs an unconditional waiver against a promised-but-uncleared check, and never sees the money, has swapped a secured lien for an unsecured contract claim. Because Michigan pairs the waiver with the owner's sworn statement record, a signed unconditional waiver also becomes the owner's proof that it does not owe the claimant. Sign conditional to collect a payment; sign unconditional only after the funds have cleared.
What Makes a Michigan Waiver Valid and the Bar on Advance Waiver
Subsection (9) supplies the forms, subsection (4) conditions the conditional forms on actual payment, and subsection (1) supplies the prohibition no contract can draft around. Under MCL 570.1115(1), a person shall not require, as part of a contract for an improvement, that the right to a construction lien be waived in advance of work performed; a waiver obtained as part of a contract is contrary to public policy and invalid, except to the extent that payment for the labor and material furnished was actually made to the person giving the waiver. A 'no-lien' clause in a Michigan subcontract does not strip the claimant's rights. Michigan lien rights leave only through a signed statutory waiver at the time of a specific payment, and even then the waiver reaches only the amount actually paid.
The Sworn Statement, Retainage, and the Danger of Extra Language
Michigan waivers do not require notarization — MCL 570.1115 requires a statutory form and a signature, nothing more. What makes Michigan distinctive is that the waiver works in tandem with the sworn statement under MCL 570.1110: a contractor seeking payment gives the owner a sworn statement listing every subcontractor, supplier, and laborer and what each is owed, and the owner collects a waiver from each party as it is paid. An owner who pays in reliance on a sworn statement and gathers the matching waivers is protected against paying twice, and on a residential structure MCL 570.1203 caps the total of all subcontractor liens at the balance the owner still owed the contractor. For a claimant, the waiver is the owner's receipt — never sign a full or unconditional waiver for money not collected. On riders: because the forms release lien rights for a stated amount, owners and general contractors attach 'any and all claims' releases, delay or change-order waivers, and indemnity terms that reach beyond the statutory form and may surrender contract claims the Construction Lien Act never governed. A waiver is also not a substitute for the MCL 570.1109 Notice of Furnishing, which builds the claim a waiver later releases.
Frequently Asked Questions
What are the four Michigan statutory lien waiver forms?
MCL 570.1115(9) prescribes four forms on two axes: full vs. partial (a full waiver releases all lien rights on the project; a partial waiver releases the lien only for the stated dollar amount) and conditional vs. unconditional (a conditional waiver is effective only upon payment; an unconditional waiver is effective on signing). Crossing them gives the Full Unconditional, Partial Unconditional, Full Conditional, and Partial Conditional Waiver of Lien. The waiver must be one of these statutory forms and signed by the claimant or an authorized agent.
What is the difference between a conditional and unconditional Michigan waiver?
Under MCL 570.1115(4), a conditional waiver — full or partial — is effective only upon payment of the amount indicated, so if the check bounces the lien survives. An unconditional waiver is effective the instant it is signed, whether or not the claimant was paid. Sign a conditional waiver to collect a payment; sign an unconditional waiver only after the funds have cleared your account.
Can a Michigan contractor waive lien rights in advance?
No. MCL 570.1115(1) provides that a person shall not require, as part of a contract for an improvement, that the right to a construction lien be waived in advance of work performed, and that a waiver obtained as part of a contract is contrary to public policy and invalid except to the extent payment was actually made. A 'no-lien' clause does not strip a Michigan claimant's rights; rights leave only through a signed statutory waiver at a specific payment.
Does a Michigan lien waiver have to be notarized?
No. MCL 570.1115 requires the waiver to be in one of the statutory forms and signed by the claimant or an authorized agent, but not notarized. A demand for notarization exceeds the statute. What matters is using the correct one of the four forms, a genuine signature by an authorized agent, actual payment behind a conditional release, and an accurate dollar amount.
How does the Michigan sworn statement work with lien waivers?
MCL 570.1110 requires a contractor seeking payment to give the owner a sworn statement listing every subcontractor, supplier, and laborer and what each is owed. The owner collects a waiver from each party as it is paid, and paying in reliance on a sworn statement plus waivers protects the owner against double payment. For a claimant, the waiver is the owner's proof of payment — so never sign a full or unconditional waiver for money not received.
Can extra language be added to a Michigan waiver form?
It is risky. The MCL 570.1115(9) forms release lien rights for a stated amount. Riders that release 'any and all claims' or add indemnity or delay-claim waivers reach beyond that, can push the document outside the statutory form, run into the § 570.1115(1) rule that a waiver is valid only to the extent payment was made, and may strip contract claims the Construction Lien Act never touched. Keep the waiver to the statutory text and handle carve-outs in a separate reservation letter.