Lien Waiver Generator — Massachusetts

Massachusetts statutory lien waiver form

Massachusetts law (M.G.L. c. 254, § 32) prescribes a single form — the Partial Waiver and Subordination of Lien — valid only with no material deviation, reproduced here word for word. It is signed under penalties of perjury; no notary is required.

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What to know before signing

This form is a partial waiver: it covers work through the payment period you write in, and carves out retainage, change orders, and disputed claims. Massachusetts prescribes no final waiver form. A signature on this form does not affect the lien rights of any other person claiming a lien under chapter 254 — and any contract clause waiving lien rights in advance is void in Massachusetts.

Frequently asked questions — Massachusetts

Does Massachusetts have a statutory lien waiver form?

Yes, one: the Partial Waiver and Subordination of Lien in Massachusetts General Laws chapter 254, section 32, paragraph (4). The statute allows partial waivers and subordinations only when given substantially in that form, with no material deviation. There is no statutory final or unconditional waiver form in Massachusetts.

Who can use the Massachusetts statutory waiver form?

Section 32(4) covers partial waivers and subordinations given by persons who have filed or recorded notices of contract under section 2 — that is, claimants in direct contract who perfected their lien by recording a notice of contract. Other exceptions listed in § 32 include lien-bond principals' waivers, statements of amounts due, and dissolutions of liens under section 10.

Can lien rights be waived in advance in Massachusetts?

No. Chapter 254, section 32 declares any covenant, promise, or agreement purporting to bar the filing of a notice of contract or steps to enforce a lien — or to subordinate lien rights — to be against public policy, void, and unenforceable, subject only to the narrow exceptions the section itself lists.

Does a Massachusetts lien waiver need to be notarized?

No. The statutory form in § 32(4) ends with the line 'Signed under the penalties of perjury', which replaces any notarization. The signature under penalties of perjury, with the date, is what the statute requires — no notary and no witness appear in the form.

What does the Massachusetts partial waiver carve out?

The form waives lien rights only through the payment period written on it, and expressly excepts retainage, unpaid agreed or pending change orders, and disputed claims as stated on the form. It also subordinates lien rights for later work only up to the amount the lender or mortgagee actually advanced through the twenty-fifth day after the payment period.

Neighboring states

Lien waiver forms for nearby states: New York, Connecticut and New Hampshire. ← Back to all states · Which states require a statutory lien waiver form? (reference table)

This tool is not a law firm and does not provide legal advice. Statutory text verified 2026-09-10 against the official site of the Massachusetts Legislature (malegislature.gov). Not a substitute for a licensed Massachusetts attorney.