My Account Deeds.com Real Estate Deeds

Arizona Conditional Lien Waiver on Final Payment

Lien waivers are part of the Arizona mechanic's lien process. The waiver, given by a contractor, subcontractor, materials supplier or other party to the construction project (the claimant) acknowledging receipt of payment and waiving any future lien rights to the owner's property. Lien waivers are governed under Arizona Revised Statute 33-1008.

In Arizona, lien waivers require strict compliance with the statute and any document purported to waive a lien must follow the statutory format. AZ REV. STAT. 33-1008(A). Any contract or other form attempting to waive lien rights is void as a matter of law. Id. Additionally, lien waivers filed in the state require evidence of actual payment when the waiver is conditioned on receipt of payment. Id.

There are two classifications of lien waivers: conditional and unconditional. Within either class, there are subcategories of "partial" and "final" waivers. Unconditional waivers take effect without payment confirmation, but conditional waivers are effective only when payment is received, usually verified by a check clearing the bank. So, a conditional waiver given after the final payment releases the claimant's right to lien, but only after any check used to pay the bill clears the bank.

The waiver must contain details identifying the job/project, the amount and type of payment, including the name of the person who wrote any checks, the property owner, the location and a description of the work, relevant dates, and the claimant's signature. 33-1008(D)(3).

This article is provided for informational purposes only and should not be relied on as a substitute for the advice of an attorney. Please contact an Arizona attorney with questions about mechanic's lien waivers.

Deeds.com Arizona Conditional Lien Waiver on Final Payment Forms Have Been Updated as Recently as Wednesday November 25, 2020

4.8 out of 5 (2103 Reviews)

What others like you are saying:


VICKI R. said: Thank you for your helpful information.

Reply from Staff: Thank you!


Brenda Y. said: Five stars rating for sure. All so easy to download and print from your home computer. I live in rural Arizona and have no store to run in to like the lady at the County office told me, so Deeds.com is the best. Brenda Y.

Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!


Lynette D. said: I planned to use an attorney for this process but deeds.com made it so easy I was able to do it myself and I saved $330 in the process. I really appreciated the instructions and example provided on the site.

Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!


DENNIS K. said: I am a civil engineer, not an attorney. I deal with easements on a regular basis but not so much on the "recording" side of things. I normally prepare the graphic exhibits that accompany the dedication language but I am not the one who provides that language. Your forms solved that issue for me. Thanks.

Reply from Staff: Thank you!


Stuart C. said: Quit, clear, simple...just the way it shouldbe! Thank you!

Reply from Staff: We appreciate your business and value your feedback. Thank you. Have a wonderful day!


Cecil S. said: Fast service done well

Reply from Staff: We appreciate your business and value your feedback. Thank you. Have a wonderful day!


Arizona Conditional Lien Waiver on Final Payment Form