Free Massachusetts Lien Waiver Templates

What is the Massachusetts Partial Waiver and Subordination of Lien?

The Massachusetts Partial Waiver and Subordination of Lien is the statutory lien waiver form prescribed by M.G.L. c. 254, Section 32. Unlike the conditional/unconditional progress and final forms used in other statutory states, Massachusetts uses a single form that both waives lien rights for work completed through a specific payment period and subordinates lien rights for pending change orders and disputed claims to the lender or mortgagee.

The form includes ten line items that walk through the full payment calculation: original contract amount, approved change orders, adjusted contract amount, completed to date, retainage, total payable to date, previous payments, current amount due, pending change orders, and disputed claims. All amounts must be filled in accurately — the form constitutes a sworn statement made under the penalties of perjury.

The waiver covers work through a specified payment period date. Retainage, pending change orders, and disputed claims as listed on the form are expressly excluded from the waiver. The subordination provision applies through the 25th day after the end of the payment period, to the extent of amounts actually advanced by the lender or mortgagee.