StatutoryDesk / State Statutory Rules / Massachusetts Statutory Partial Lien Waiver Form (M.G.L. c. 254, § 32)
Massachusetts Statutory Partial Lien Waiver Form (M.G.L. c. 254, § 32)
What are the statutory lien waiver rules in Massachusetts?
Massachusetts General Laws Chapter 254, Section 32 voids advance mechanic's lien waivers as against public policy, except for a general contractor's Partial Waiver and Subordination of Lien executed substantially in the statutory form set forth in § 32.
Massachusetts General Laws c. 254, § 32 strictly prohibits advance lien waivers in construction contracts and prescribes the statutory Partial Waiver and Subordination of Lien form for progress draws.
Statutory rules at a glance in Massachusetts
| Rule | Statutory Requirement |
|---|---|
| Governing statute | Massachusetts General Laws c. 254, § 32 |
| Mandatory forms | Partial Waiver and Subordination of Lien |
| Font & notice rule | Substantially follow the statutory layout in c. 254, § 32 |
| Notary / Witness rule | Signed under the penalties of perjury. |
| Unpaid / Conditional clock | Applies through the payment period and amount specified on the statutory schedule. |
Workers' Comp audit rule for subcontractors in Massachusetts
Under M.G.L. c. 152, § 18, an insured general contractor is liable to pay Workers' Compensation to employees of an uninsured subcontractor.
Generate your Massachusetts statutory lien waiver free
The free StatutoryDesk 12-State Lien Waiver Generator prepares the Massachusetts statutory form (Massachusetts General Laws c. 254, § 32) in your browser with the required font size and notice block enforced, plus our Subcontractor ACORD 25 Workers' Comp Audit Checker to verify sub certificates before releasing a check.
Questions
Does Massachusetts require a specific statutory lien waiver form?
Yes. Under Massachusetts General Laws c. 254, § 32, Massachusetts requires: Partial Waiver and Subordination of Lien.
Do lien waivers need to be notarized in Massachusetts?
Signed under the penalties of perjury.
What happens if a subcontractor has no Workers' Comp in Massachusetts?
Under M.G.L. c. 152, § 18, an insured general contractor is liable to pay Workers' Compensation to employees of an uninsured subcontractor.