Berkshire County Contractor Partial Waiver and Subordination of Lien Form (Massachusetts)

All Berkshire County specific forms and documents listed below are included in your immediate download package:

Contractor Partial Waiver and Subordination of Lien Form

Berkshire County Contractor Partial Waiver and Subordination of Lien Form

Fill in the blank Contractor Partial Waiver and Subordination of Lien form formatted to comply with all Massachusetts recording and content requirements.
Included Berkshire County compliant document last validated/updated 10/25/2024

Contractor Partial Waiver and Subordination of Lien Guide

Berkshire County Contractor Partial Waiver and Subordination of Lien Guide

Line by line guide explaining every blank on the form.
Included Berkshire County compliant document last validated/updated 7/17/2024

Completed Example of the Contractor Partial Waiver and Subordination of Lien Document

Berkshire County Completed Example of the Contractor Partial Waiver and Subordination of Lien Document

Example of a properly completed form for reference.
Included Berkshire County compliant document last validated/updated 10/17/2024

When using these Contractor Partial Waiver and Subordination of Lien forms, the subject real estate must be physically located in Berkshire County. The executed documents should then be recorded in one of the following offices:

Berkshire Middle District Registry of Deeds

44 Bank Row, Pittsfield, Massachusetts 01201

Hours: 8:30 to 4:30 M-F / Recording until 4:00

Phone: (413) 443-7438

Northern Berkshire District Registry of Deeds

65 Park Street, Adams, Massachusetts 01220

Hours: 8:30 to 4:30 M-F / Recording until 4:00

Phone: (413) 743-0035

Southern Berkshire District Registry of Deeds

334 Main St, Suite 2, Great Barrington, Massachusetts 01230

Hours: 8:30 to 4:30 M-F / Recording until 4:00

Phone: (413) 528-0146

Local jurisdictions located in Berkshire County include:

  • Adams
  • Ashley Falls
  • Becket
  • Berkshire
  • Cheshire
  • Dalton
  • Drury
  • East Otis
  • Glendale
  • Great Barrington
  • Hinsdale
  • Housatonic
  • Lanesboro
  • Lee
  • Lenox
  • Lenox Dale
  • Mill River
  • Monterey
  • North Adams
  • North Egremont
  • Otis
  • Pittsfield
  • Richmond
  • Sandisfield
  • Savoy
  • Sheffield
  • South Egremont
  • South Lee
  • Southfield
  • Stockbridge
  • Tyringham
  • West Stockbridge
  • Williamstown
  • Windsor

How long does it take to get my forms?

Forms are available immediately after submitting payment.

How do I get my forms, are they emailed?

Immediately after you submit payment, the Berkshire County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.

What does "validated/updated" mean?

This indicates the most recent date when at least one of the following occurred:

  • Updated: The document was updated or changed to remain compliant.
  • Validated: The document was examined by an attorney or staff, or it was successfully recorded in Berkshire County using our eRecording service.
Are these forms guaranteed to be recordable in Berkshire County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Berkshire County including margin requirements, content requirements, font and font size requirements.

Can the Contractor Partial Waiver and Subordination of Lien forms be re-used?

Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Berkshire County that you need to transfer you would only need to order our forms once for all of your properties in Berkshire County.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by Massachusetts or Berkshire County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.

What type of files are the forms?

All of our Berkshire County Contractor Partial Waiver and Subordination of Lien forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.

Do I need any special software to use these forms?

You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.

Do I have to enter all of my property information online?

No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.

Can I save the completed form, email it to someone?

Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.

Are there any recurring fees involved?

No. Nothing to cancel, no memberships, no recurring fees.

Massachusetts Contractors Partial Waiver and Subordination of Lien

The Contractor's Partial Waiver and Subordination of Lien form is useful for situations where a contractor seeks a partial payment to waive lien rights up to a specific date.

Lien waivers are used between contractors (also subcontractors and suppliers) and property owners as a quid-pro-quo arrangement between the contractor and owner. The purpose of a waiver is to influence payment from the owner in return for the contractor waiving future mechanic's lien rights.

In Massachusetts, any promise or agreement that bars the filing of a Notice of Contract is void and unenforceable, but that prohibition does not apply to full or partial lien waivers or dissolutions of liens. M.G.L. Ch. 254, 32. Therefore, the parties can use waivers to facilitate payment and ease concerns of hidden liens.

In general, Massachusetts recognizes four types of lien waivers: Partial Waiver by Contractor, Full Conditional Waiver by Contractor, Partial Waiver by Subcontractor, and Full Conditional Waiver by Subcontractor. Id. As their titles suggest, contractors should use a contractor's waiver and subcontractors should use a waiver designated for a subcontractor. Partial lien waivers should be provided upon a partial or progress payment and the waiver only applies to forfeit lien rights according to the terms stated within it.

Lawful waivers identify the parties to the contract, the claimant, the property, the nature of work, relevant dates, payment information, and anything else necessary for clarity or to meet local requirements. The claimant (or authorized representative) must sign the completed waiver in front of a notary, then submit the document to the recording office for the county where the property is located.

Using lien waivers properly can ensure smoother relations between the parties on a construction job and alleviate and feelings of mistrust or concern. This article is provided for informational purposes only and should not be relied upon as a substitute for advice from an attorney. Please speak with a Massachusetts attorney if you have any questions about lien waivers or for any other issues concerning mechanic's liens.

Our Promise

The documents you receive here will meet, or exceed, the Berkshire County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

Save Time and Money

Get your Berkshire County Contractor Partial Waiver and Subordination of Lien form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.

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January 29th, 2019

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July 1st, 2019

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January 17th, 2019

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January 12th, 2019

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