Michigan Lien Waiver Requirements: What General Contractors Need to Know

Is Michigan a Statutory Lien Waiver State?

Yes. Michigan is a statutory lien waiver state under the Michigan Construction Lien Act, MCL 570.1101 et seq. Michigan law provides specific waiver forms that must be used when waiving lien rights on construction projects. Using a non-compliant form in Michigan may render your waiver unenforceable even if it is signed by both parties.

Michigan's Construction Lien Act is one of the most comprehensive construction lien statutes in the country. It provides strong protections for contractors, subcontractors, and suppliers while also creating clear procedures for property owners and GCs to protect themselves through proper documentation. For context on how Michigan compares to other statutory states, see our guides for Texas, California, and Florida.

The Four Michigan Statutory Waiver Forms

If you are unfamiliar with the difference between conditional and unconditional waivers, read that first — it is the foundation for understanding which Michigan form to use in any given situation.

The Waiver of Lien to Date Conditional is Michigan's conditional progress waiver. It covers payments made through a specific date and only becomes effective once the payment described in the document has been received by the signing party.

The Waiver of Lien to Date Unconditional covers payments through a specific date and takes effect immediately upon signing regardless of whether payment has been received. This form should only be used after payment has been confirmed received and cleared.

The Full Waiver of Lien Conditional is Michigan's conditional final waiver. It releases all lien rights the signing party holds for the entire project but only becomes effective once the final payment referenced in the document has been received.

The Full Waiver of Lien Unconditional releases all lien rights for the entire project immediately upon signing and is used at project completion once final payment has been confirmed received and cleared.

Michigan's Notice of Furnishing Requirement

Subcontractors and suppliers who do not have a direct contract with the property owner must serve a Notice of Furnishing on the owner and the GC within 20 days of first furnishing labor or materials to the project in order to preserve their lien rights.

As a GC you should be tracking which subs and suppliers have served Notices of Furnishing on each project. Parties who have served a Notice of Furnishing have preserved their lien rights and you need their signed waiver before your project is fully protected. Parties who failed to serve the notice within the 20-day window have lost their right to file a lien regardless of payment status.

Michigan Lien Filing Deadlines

A subcontractor or supplier must file a construction lien within 90 days of the last day they furnished labor or materials to the project. The last day of furnishing is the key date — not the date payment was due, not the date of the dispute, but the last day of actual work or material delivery. For the general contractor the deadline to file a lien is 90 days after the last day of work on the project. Missing this deadline means losing lien rights permanently regardless of the legitimacy of the underlying claim.

See how Michigan's 90-day deadline compares to lien filing deadlines across all 12 statutory states.

Michigan's Sworn Statement Requirement

Michigan law requires that before a property owner makes a payment to a general contractor, the GC must provide a sworn statement listing all subcontractors and suppliers on the project and the amounts owed to each. This sworn statement is separate from lien waivers but directly related because it creates legal liability for the GC if it is inaccurate or incomplete.

The sworn statement combined with properly collected lien waivers from every subcontractor creates the complete documentation package for Michigan project payments and closeout.

Common Michigan Lien Waiver Mistakes

Failing to track Notice of Furnishing receipts is the most common mistake Michigan GCs make. If you do not know which parties have preserved their lien rights you cannot be sure your waiver collection is complete.

Using the wrong waiver form is a serious error in Michigan. The statutory forms have specific language requirements and a waiver that does not substantially comply with the statutory language may be challenged as unenforceable.

Skipping the sworn statement process creates legal liability at every payment stage. Collecting waivers after releasing payment rather than before or concurrently leaves you with no leverage if a sub refuses to cooperate.

Michigan Construction in Context

Michigan's construction market spans residential development, commercial construction, and significant infrastructure investment. The state's statutory lien law creates a balanced system that protects all parties but only if the documentation requirements are followed correctly.

For GCs operating in Michigan the path to protection is straightforward. Use the correct statutory forms, collect waivers before releasing payment, track Notice of Furnishing receipts, and provide sworn statements as required. Follow that process consistently and Michigan's lien law works for you rather than against you.