Massachusetts lien waiver
Massachusetts prescribes the wording of its lien waivers in Mass. Gen. Laws ch. 254, § 32. The generator prints the statutory text and fills only the blanks, so the waiver is the one the payer's accounting department expects to see.
Conditional waiver on progress paymentMass. Gen. Laws ch. 254, § 32(4)Unconditional waiver on progress paymentMass. Gen. Laws ch. 254, § 32(4)
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What Massachusetts requires
- Form
- Only the Partial Waiver and Subordination of Lien has a prescribed form, and only for claimants who recorded a notice of contract; other lien waivers are void.
- Notary
- Not required; the statutory form has no notary block.
- Scope
- Progress payments only; there is no statutory final waiver, so for the last payment use the partial waiver with the through date set to the final payment.
- Statute
- Mass. Gen. Laws ch. 254, § 32
Massachusetts lien waiver FAQ
Yes. Only the Partial Waiver and Subordination of Lien has a prescribed form, and only for claimants who recorded a notice of contract; other lien waivers are void. (Mass. Gen. Laws ch. 254, § 32)
A conditional waiver takes effect only when the payment it names actually clears; if the check bounces, the lien rights survive. An unconditional waiver takes effect the moment it is signed, whether or not the money ever arrives. Sign an unconditional waiver only after the funds have cleared; sign a conditional one to get the payment released.
A progress waiver releases rights for work through a stated date, for a stated payment, and keeps retainage, unpaid extras and later work. A final waiver releases everything on the job except disputed claims you list. Use progress waivers with each pay application and the final waiver with the last check.
No. The statutory form has no notary block, and adding one changes the form; leave it off unless the payer insists in writing.
Progress payments only; there is no statutory final waiver, so for the last payment use the partial waiver with the through date set to the final payment.
General contractors with every pay application, owners and their lenders before releasing funds, title companies before a sale or refinance closes, and mortgage servicers before endorsing an insurance claim check. Each wants proof that paying you does not leave a lien on the property.
Other statutory states
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