My Account Deeds.com Real Estate Deeds

Arizona Conditional Lien Waiver on Progress Payment

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.

Deeds.com Arizona Conditional Lien Waiver on Progress Payment Forms Have Been Updated as Recently as Monday November 30, 2020

4.8 out of 5 (2113 Reviews)

What others like you are saying:


Allan y. said: I liked the guide and example to follow to fill out the form. Very helpful!!

Reply from Staff: Thank you!


Douglas C. said: Excellent website with examples on how to fill out forms. Even better was the help from the office of the county clerk. I called them twice and they were extremely helpful on how to fill out the forms. Kudos to them!!!

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


Barbara D. said: Appreciate this service!

Reply from Staff: Thank you!


DONALD S. said: Using the Administrators Deed, pay attention to "Exhibit A". The blank will allow you to type a full legal description BUT it will not save it. Use "Exhibit A" to type the legal description. The form was great and I filed it this morning with no problems.

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


Vicki J. said: Reasonably priced and Extremely easy to use.

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


Tonya J. said: User friendly and fast response time!!

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


Arizona Conditional Lien Waiver on Progress Payment Form