Arizona Conditional Lien Waiver on Progress Payment

Lien waivers are part of the mechanic's lien process. The waiver is a document from 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. A conditional waiver is effective only when payment is received, usually verified by a check clearing the bank. So, a conditional waiver given after a progress payment releases the claimant's right to lien, up to a specified date, but only after the check used to pay 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)(1).

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.

How to Use This Form

Select your county from the list above
Download the county-specific form
Fill in the required information
Have the document notarized if required
Record with your county recorder's office

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Common Uses for Conditional Lien Waiver on Progress Payment

Secure payment for materials supplied to a construction project
Release a mechanic's lien after receiving full payment
Establish priority of a construction lien on a property
Provide required pre-lien notice before filing a claim
Document consent of the property owner for improvements
Protect subcontractor payment rights on a building project
File a lien for unpaid construction or renovation work

Compare other Arizona deed forms and documents

Quitclaim Deed Quitclaim Deed Condominium Gift Deed Warranty Deed Warranty Deed Condominium Special Warranty Deed Grant Deed Grant Deed Condominium Correction Deed Easement Deed Termination, Cancellation of Easement / Right of Way Beneficiary Deed Revocation of Beneficiary Deed Affidavit of Death Affidavit of Surviving Joint Tenant Affidavit of Succession to Interest in Community Property with Right of Survivorship Durable Power of Attorney Special Durable Power of Attorney Revocation of Power of Attorney Mineral Deed Mineral Quitclaim Deed Contract for Deed Full Release of Real Estate Contract Memorandum and Notice of Agreement Full Release of Memorandum And Notice of Agreement Deed of Trust Assignment of Deed of Trust Deed of Release and Reconveyance Deed of Partial Release and Partial Reconveyance Trustee Deed Trustee Deed Foreclosure Affidavit of Successor Trustee Personal Representative Deed Affidavit of Disclosure Disclaimer of Interest Certificate of Trust Mechanics Lien Written Request for Information Preliminary Notice of Mechanics Lien Notice and Claim of Mechanics Lien Notice of Intent to Suspend Work Work Stop Notice Unconditional Lien Waiver on Progress Payment Notice of Completion Unconditional Waiver upon Final Payment Conditional Lien Waiver on Final Payment Authority to Cancel Notice of Claim of Lien Lis Pendens Lis Pendens Probate Lis Pendens Release

Important: County-Specific Forms

Our conditional lien waiver on progress payment forms are specifically formatted for each county in Arizona.

After selecting your county, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.

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