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Minnesota
Lien Waiver Forms

Minnesota Lien Waivers: No Statutory Form, but Pre-Payment Waivers Are Void

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State Rules

How Minnesota treats lien waivers

Minnesota does not prescribe a statutory lien waiver form, so our general-purpose conditional and unconditional waivers for progress and final payments apply, with no notarization or witness required. Minn. Stat. § 337.10, subd. 2 voids any provision requiring a contractor, subcontractor, or material supplier to waive mechanics lien or payment bond rights before being paid, which makes conditional waivers the safe choice until payment actually arrives. Note the statutory exception: an unpaid waiver may still be enforced by a third party who detrimentally relied on it.

What to know about Minnesota lien waivers

  • Minnesota voids waivers of lien or payment bond rights signed before payment (Minn. Stat. § 337.10, subd. 2). Use a conditional waiver until payment is actually in hand, and remember an unpaid waiver can still bind against a third party who detrimentally relied on it.

Minnesota lien waiver forms we generate

Four house forms cover every payment on a Minnesota project: conditional or unconditional, progress or final.

Conditional Progress

Conditional Waiver and Release of Lien: Progress Payment

Signed when a progress payment is promised: the waiver only takes effect once that payment actually arrives.

Unconditional Progress

Unconditional Waiver and Release of Lien: Progress Payment

Signed after a progress payment has been received: immediately waives lien rights for work through the covered date.

Conditional Final

Conditional Waiver and Release of Lien: Final Payment

Signed when the final payment is promised: waives all remaining lien rights, but only once the payment clears.

Unconditional Final

Unconditional Waiver and Release of Lien: Final Payment

Signed after the final payment is in hand: a complete, immediate waiver of lien rights on the project.

Minnesota has no statutory waiver form to download blank. The generator above fills in a general-purpose form with Minnesota's signing rules built in instead.

Signing a lien waiver in Minnesota

Execution rules (the form's wording, notarization, witnesses, and whether an electronic signature works) are set by state law. Here's what applies in Minnesota, built into every waiver we generate.

Advance waivers

Minn. Stat. § 337.10, subd. 2: provisions contained in, or executed in connection with, a building and construction contract requiring a contractor, subcontractor, or material supplier to waive mechanics lien or payment bond rights before the person has been paid are void and unenforceable, though such a waiver may still be valid as to a third party who detrimentally relies on it.

Minnesota execution rules

  • ⚖ No prescribed statutory form: our attorney-reviewed house forms apply.
  • ✓ Notarization: not required in Minnesota.
  • ✓ Witness: not required in Minnesota.
  • ✓ E-signature: available. Send Minnesota waivers for electronic signature and get the signed copy stored with a tamper-evident audit certificate.

Minnesota lien waiver questions

Which lien waiver forms does Minnesota use?
Minnesota does not prescribe a statutory lien waiver form, so the format is up to the parties. Our generator uses four general-purpose forms: conditional and unconditional waivers for progress and final payments.
Do Minnesota lien waivers need to be notarized?
No. Minnesota does not require lien waivers to be notarized.
What is the difference between a conditional and an unconditional lien waiver in Minnesota?
A conditional waiver takes effect only once the payment it describes actually arrives; if the check bounces or never comes, your lien rights survive. An unconditional waiver gives up lien rights as soon as it is signed, whether or not you are ever paid, so sign one only after the money is in hand.
What is the difference between a progress and a final lien waiver in Minnesota?
A progress waiver covers a single progress payment and waives lien rights only for work through a stated date, leaving rights for later work intact. A final waiver goes with the last payment and waives all remaining lien rights on the project.
Is a lien waiver signed in advance enforceable in Minnesota?
Minn. Stat. § 337.10, subd. 2: provisions contained in, or executed in connection with, a building and construction contract requiring a contractor, subcontractor, or material supplier to waive mechanics lien or payment bond rights before the person has been paid are void and unenforceable, though such a waiver may still be valid as to a third party who detrimentally relies on it.

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