This form is supplied by a contractor, subcontractor, or supplier, whenever payment is made. It serves as a receipt for payment and serves as notice to the property owner that construction lien rights are being waived. This conditional waiver allows the contractor, subcontractor, or supplier to waive part of their lien based on payments already made but reserves the right to peruse a lien for future payments that have not yet been made.
Detroit Michigan Partial Conditional Waiver of Lien - Individual
Category:
State:
Michigan
City:
Detroit
Control #:
MI-09-09
Format:
Word;
Rich Text
Instant download
Description
How to fill out Michigan Partial Conditional Waiver Of Lien - Individual?
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FAQ
Record the Claim of Lien in the County Register of Deeds where the Owner's property is located, within 90 calendar days after last labor or material. Serve a copy of the recorded Claim of Lien on the Owner's Designee within 15 days from date of recording by certified mail or personal delivery.
After the lien is filed and served, it's valid for 1 (one) year after the filing date in Michigan. Unless you extend it, you have 1 (one) year to enforce the lien if you need to. When you get paid, you should file a lien release to free the property.
Do Michigan lien waivers need to be notarized? No, the Michigan statutory lien waiver forms do not require notarization in order to be valid, only a signature by the claimant or the claimant's authorized agent is required.
Importantly, in a residential project, a contractor does not have a lien right unless the work is performed under a written contract between the owner or lessee and the contractor. Moreover, any amendments or additions to a residential construction contract must also be in writing.
Must a New York lien waiver be notarized? No. New York does not specifically require lien waivers to be notarized. Additionally, electronic signatures are valid signatures in NY, including on lien waivers, despite the fact that New York has not adopted the UETA framework.
Must Illinois lien waivers be notarized? No. Illinois does not require mechanics lien waivers to be notarized in order to be effective. Furthermore, electronic signatures are valid on lien waivers in Illinois, as well.
No. There is no requirement that a Minnesota lien waiver must be notarized in order to be effective.
If contractors and suppliers don't get paid on a construction project in Michigan, they can file a mechanics lien to secure payment. A mechanics lien is a legal tool that provides the unpaid party with a security interest in the property.
A lien waiver is a formal, legally binding document stating that the claimant (contractor, subcontractor, or supplier) has received payment for the agreed upon service or materials and therefore waives any rights to file a mechanic's lien on the property.
