Michigan Partial Conditional Waiver of Lien - Corporation or LLC

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Control #:
MI-09A-09
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About this form

The Partial Conditional Waiver of Lien for Corporation or LLC is a legal document that allows contractors, subcontractors, and suppliers to acknowledge receipt of partial payment for work performed. This waiver serves as a notice to property owners that specific lien rights are being waived for the amount received. Unlike a full waiver, this form preserves the right to pursue a lien for any unpaid amounts, ensuring that contractors and suppliers are protected even after they acknowledge payment for part of their services or materials.


Key parts of this document

  • Identification of the business entity providing the waiver
  • Description of the work or materials provided for the property improvement
  • Amount of lien being waived for payments made
  • Condition stating that the waiver is contingent upon actual payment
  • Details on communication verification for residential properties

When to use this form

This form should be used when a contractor, subcontractor, or supplier has received partial payment for their work on a property but still expects payment for additional services or materials. It is particularly relevant in construction projects where multiple payments are made over time. By using this waiver, parties can ensure that they formally document the payments made while retaining their rights for any remaining balances.

Who should use this form

  • Contractors who have completed a portion of work on a project
  • Subcontractors providing services or materials to a contractor
  • Suppliers selling materials for construction projects
  • Any registered business entity that engages in construction or improvement activities

Completing this form step by step

  • Identify the registered business entity and provide the name of the contractor, subcontractor, or supplier.
  • Enter the name of the property owner and the description of the work or materials provided.
  • Specify the amount of the lien being waived based on payments already received.
  • Fill in the date up to which the services or materials were provided.
  • Include signatures along with the printed name, title, and contact details of the lien claimant.

Is notarization required?

This form does not typically require notarization unless specified by local law. It's advisable to verify local requirements or consult legal counsel if there are uncertainties regarding the notarization of the waiver.

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If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.

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We protect your documents and personal data by following strict security and privacy standards.

Avoid these common issues

  • Leaving fields blank or incomplete, especially amounts and dates.
  • Failing to sign the form or include the business title and name.
  • Not retaining a copy of the completed waiver for your records.

Why use this form online

  • Immediate access to legally vetted templates.
  • Convenience of completing the form from any location.
  • Ability to edit and customize the form as needed.
  • Reliable security for sensitive information.

Main things to remember

  • This form allows a contractor, subcontractor, or supplier to waive lien rights for partial payments received.
  • It is crucial to complete all sections accurately to ensure its legal effectiveness.
  • Ensure compliance with state-specific rules regarding lien waivers.
  • Retain a copy for your records after completion and signing.

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FAQ

LIen waivers are not required to be notarized. The primary times that a document needs to be notarized is if it is going to be filed with the county recorder or it is an affidavit. There are some other documents that often use notarization, but lien...

Conditional lien waivers are conditioned upon something (typically the receipt of payment).The party receiving payment maintains its right to file a lien until the check is actually cashed; the party making payment will never face double payment (paying the party they hired and also being faced with a lien).

A lien waiver is quite common in the construction business. Essentially, it is a document from a contractor, subcontractor, supplier, or another party who holds a mechanic's lien that states they have been paid in full and waive future lien rights to the disputed property.

A lien waiver is signed before a lien is actually filed. The party submitting the lien waiver states that they waive the right to lien against the project. In some instances, the property owner or general contractor may request that you sign and deliver a lien waiver before payment is disbursed.

Conditional Waiver for Progress or Partial Payment A partial conditional waiver should be used when you are expecting to receive a progress payment on the project. You may be expecting future payments on the project, but are looking to sign a waiver for a specific progress or partial payment that you are receiving.

A "Conditional Waiver and Release Upon Progress Payment" discharges all claimant rights through a specific date, provided the payments have actually been received and processed. An "Unconditional Waiver and Release Upon Final Payment" extinguishes all claimant rights upon receipt of the payment.

Signing an unconditional lien waiver is enforceable even before you get paid. This means that if you sign an unconditional lien waiver before receiving the money and the property owner ends up not paying up, you have already waived your lien rights because you signed the unconditional lien waiver.

Partial lien waivers waive lien rights for a portion of the total contract value. For example, if a material supplier is expecting to be paid $30k for supplies delivered to a project but is to be paid in three installments of $10k each, they might sign a partial lien waiver for $10k for each payment received.

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Michigan Partial Conditional Waiver of Lien - Corporation or LLC