Detroit Michigan Full Conditional Waiver and Release of Lien by Contractor - Individual

State:
Michigan
City:
Detroit
Control #:
MI-11-09
Format:
Word; 
Rich Text
Instant download

Description

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. A full, conditional waiver such as this one indicates that the contractor or subcontractor is releasing his rights to a lien based upon a final payment yet to be made.

The Detroit Michigan Full Conditional Waiver and Release of Lien by Contractor — Individual is a legal document that serves to release a contractor from any potential lien rights on a specific project upon receiving payment. This waiver ensures that the contractor relinquishes any claim on the property and the payment received is considered sufficient compensation for the services rendered. There are different types of Detroit Michigan Full Conditional Waiver and Release of Lien by Contractor — Individual, each serving a specific purpose within the construction industry: 1. Progress Payment Waiver and Release: This type of waiver is used when the contractor receives a partial payment for their work during the construction process. It confirms that the contractor has been compensated for the completed work and will not place a lien on the property for that particular payment. 2. Final Payment Waiver and Release: This waiver is executed when the contractor's work is fully completed, and the final payment is received. By signing this document, the contractor agrees to release all lien rights on the property in exchange for the final payment. 3. Conditional Waiver on Unpaid Balance: This type of waiver is utilized when the contractor is receiving a partial payment but still has some outstanding balance remaining. It acknowledges the receipt of the partial payment and releases the contractor's lien rights only for the amount received, while preserving the lien rights for the unpaid balance. 4. Partial Conditional Waiver and Release: This waiver is applicable when the contractor has completed a specific phase or a portion of the project and receives a partial payment or progress payment. It provides conditional release of lien rights for the acknowledged partial payment while retaining lien rights for any remaining balance. In summary, the Detroit Michigan Full Conditional Waiver and Release of Lien by Contractor — Individual is a vital legal document that protects both the property owner and the contractor during a construction project. By signing this waiver, the contractor agrees to release any claim on the property in exchange for the agreed-upon payment, ensuring a fair and transparent transaction.

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FAQ

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.

No, California statute specifically prohibits waiving lien rights in the contract.

All parties who are owed funds on a project, and who wish to assert a lien under the Michigan Construction Lien Act, must record a lien within 90 days after the last date in which labor or material is provided. The actual recorded claim of lien must then be served on the owner within 15 days of the recording.

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.

A contractor's lien is a common law right which entitles a contractor to remain in possession of the property of his employer as security for payment in respect of work performed on such property. An employer in a construction context will often require that the contractor waives its lien.

Only licensed contractors can use the lien law. ?You cannot file a lien, you cannot enforce a lien you have filed if you are an unlicensed contractor,? Courtade, the attorney, said.

NOTICE: THIS DOCUMENT WAIVES THE CLAIMANT'S LIEN, STOP PAYMENT NOTICE, AND PAYMENT BOND RIGHTS EFFECTIVE ON RECEIPT OF PAYMENT. A PERSON SHOULD NOT RELY ON THIS DOCUMENT UNLESS SATISFIED THAT THE CLAIMANT HAS RECEIVED PAYMENT.

LienTracker® Online simplifies the process of collecting project data, generating notices, mailing documents, tracking deadlines, and most importantly, complying with complex mechanic's lien laws for each state. Get Started.

Discharging an old construction lien in Michigan is a 3-step process: Prepare an Affidavit.Submit the Affidavit to the County Clerk.Record the Certificate.

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Detroit Michigan Full Conditional Waiver and Release of Lien by Contractor - Individual