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Lien waivers by state · Michigan

Michigan lien waiver requirements

Michigan is a statutory-form state

Michigan is a statutory-form state for lien waivers: MCL 570.1115 prescribes four specific waiver forms (partial/full, conditional/unconditional) that "shall be used in substantially the following format." Advance waivers signed before work is performed are void as against public policy, and waivers are only effective upon actual receipt of the stated payment. Deviating from the statutory format can invalidate the waiver.

Statute: Mich. Comp. Laws § 570.1115 (Michigan Construction Lien Act, MCL 570.1101 et seq.)

Michigan lien waiver forms

The four standard waiver-and-release types and Michigan’s rules for each.
Waiver type	Statutory form?	Notarized?
Conditional waiver and release on progress payment
Unconditional waiver and release on progress payment
Conditional waiver and release on final payment
Unconditional waiver and release on final payment

Requirements at a glance

Notarization: The statutory waiver forms require only the signature of the claimant or an authorized agent; notarization is not required. Sources note that adding a notarization can be treated as an alteration of the statutory form and may potentially invalidate the waiver, so it is generally advised against.
Mandatory statutory language: MCL 570.1115 sets out four mandatory statutory waiver forms (Partial Conditional, Partial Unconditional, Full Conditional, Full Unconditional) and provides that they "shall be used in substantially the following format." Material deviation from the prescribed language/format can render the waiver ineffective.
Electronic signatures accepted

Key Michigan deadlines

Preliminary / pre-lien notice: Notice of Furnishing required within 20 days of first furnishing labor or materials (30 days for laborers), for claimants without a direct contract with the owner; served on the designee/owner per the Notice of Commencement (MCL 570.1109).
Notice of intent to lien: Not required. Michigan does not mandate a Notice of Intent to lien before recording a claim of lien (though it is sometimes used as a business/collection strategy).
Mechanics lien filing deadline: Claim of lien must be recorded with the county Register of Deeds within 90 days after the claimant's last furnishing of labor or materials (MCL 570.1111). This deadline is strict and not extendable.

Michigan lien waiver FAQ

Does Michigan require a specific lien waiver form?

Yes. Michigan requires the use of specific statutory waiver forms under MCL 570.1115 — four forms (partial/full, conditional/unconditional) that must be used in substantially the prescribed format. Using a non-conforming form can invalidate the waiver.

Do lien waivers need to be notarized in Michigan?

No. Michigan statutory lien waivers require only the signature of the claimant or an authorized agent, not notarization. Notarizing can be viewed as altering the statutory form and may potentially invalidate the waiver, so it is generally discouraged.

Can lien waivers be signed electronically in Michigan?

Yes. Electronic signatures are accepted on Michigan lien waivers and are treated as equivalent to a handwritten signature.

What is the deadline to file a mechanics lien in Michigan?

A claim of lien must be recorded with the county Register of Deeds within 90 days after the claimant's last furnishing of labor or materials (MCL 570.1111). The deadline is strict and cannot be extended.