StatutoryDesk / State Statutory Rules / Michigan Statutory Construction Lien Waivers (M.C.L. § 570.1115)

Michigan Statutory Construction Lien Waivers (M.C.L. § 570.1115)

What are the statutory lien waiver rules in Michigan?

Michigan Compiled Laws § 570.1115 mandates four statutory lien waiver forms: Partial Conditional, Partial Unconditional, Full Conditional, and Full Unconditional. Advance waivers as part of a construction contract are contrary to public policy and invalid under § 570.1115(1).

Under the Michigan Construction Lien Act, a lien claimant must provide a statutory waiver when receiving payment, and each form carries a mandatory warning regarding the loss of construction lien rights.

Statutory rules at a glance in Michigan

Rule Statutory Requirement
Governing statute Michigan Compiled Laws § 570.1115
Mandatory forms Partial Conditional, Partial Unconditional, Full Conditional, and Full Unconditional Waiver
Font & notice rule Must include the statutory DO NOT SIGN BLANK warning statement
Notary / Witness rule No notary required on the waiver (unlike the Michigan Sworn Statement under § 570.1110, which does require notarization).
Unpaid / Conditional clock Conditional waivers are contingent upon actual clearance of funds.

Workers' Comp audit rule for subcontractors in Michigan

Under M.C.L. § 418.171, a principal contractor who contracts with an uninsured subcontractor is liable for Workers' Disability Compensation benefits as if the sub's workers were direct employees.

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Questions

Does Michigan require a specific statutory lien waiver form?

Yes. Under Michigan Compiled Laws § 570.1115, Michigan requires: Partial Conditional, Partial Unconditional, Full Conditional, and Full Unconditional Waiver.

Do lien waivers need to be notarized in Michigan?

No notary required on the waiver (unlike the Michigan Sworn Statement under § 570.1110, which does require notarization).

What happens if a subcontractor has no Workers' Comp in Michigan?

Under M.C.L. § 418.171, a principal contractor who contracts with an uninsured subcontractor is liable for Workers' Disability Compensation benefits as if the sub's workers were direct employees.

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