A waiver should always be given by a contractor, subcontractor or supplier when payment is made. In simple terms, it is a receipt for payment. Most importantly, it announces to the homeowner that the construction lien rights are being relinquished - either in full (if full payment is received) or in part (if partial payment was received).

The owner, lessee or designee shall not rely on a full or partial unconditional or conditional waiver of lien provided by a person other than the lien claimant named in the waiver if the lien claimant has either provided a notice of furnishing under section 109 or is excused from filing the notice of furnishing under section 108 or 108A, unless the owner, lessee or designee FIRST verifies the authenticity of the lien waiver with the lien claimant, either in writing, by telephone or personally.

Waivers are legal documents and must use prescribed wording. To be considered legal documents, and to serve the purpose for which they were designed, use the appropriate type of waiver. Be certain that the waiver signed is appropriate to the situation.

A Partial Conditional Waiver is a "receipt" for partial payment which may still have a condition pending, or will be effective as soon as payment is received. With partial waivers a balance may still be owed or more work may remain to be done. A lien right still exists for any unpaid debts until the contract is paid in full.

Blank Forms (pdf):

Partial Conditional Waiver

PLEASE NOTE:  INFORMATION PROVIDED INCLUDES CHANGES TO THE CONSTRUCTION LIEN ACT,
PURSUANT TO PA 497 OF 2006 AND PA 572 OF 2006.