Arizona - Apache County Conditional Lien Waiver on Progress Payment Forms

Included Forms

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

Conditional Lien Waiver on Progress Payment Form - Apache County

Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 12/27/2022

Conditional Lien Waiver on Progress Payment Guide - Apache County

Line by line guide explaining every blank on the form.
Included document last updated 12/28/2022

Completed Example of the Unconditional Lien Waiver on Progress Payment Document - Apache County

Example of a properly completed form for reference.
Included document last updated 12/5/2022

Included Supplemental Documents

The Following Arizona and Apache County supplemental forms are included as a courtesy with your order.

Exemption Codes - Explanation (Arizona Document)

Affidavit of Property Value Form (Arizona Document)

Instructions-Affidavit of Value Form (Arizona Document)

Cover Page (Arizona Document)

Frequently Asked Questions:

• How long does it take to get my forms?
  • Forms are available immediately after submitting payment.
• What are supplemental forms?
  • Often when a deed is recorded additional documents are required by Arizona or Apache 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.
• How do I get my forms, are they emailed?
  • After you submit payment you will see a page listing the Apache County forms you ordered with a download link to the pdf form file. You download the forms to your computer. You will also receive an email with a link to your download page in case you need it later.
• What type of files are the forms?
  • All of our Apache County Conditional Lien Waiver on Progress Payment 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.
• Can the Conditional Lien Waiver on Progress Payment 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 Apache County that you need to transfer you would only need to order our forms once for all of your properties in Apache County.
• Are these forms guaranteed to be recordable in Apache County ?
  • Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Apache County including margin requirements, content requirements, font and font size requirements.
• 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.
• 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.
• Are there any recurring fees involved?
  • No. Nothing to cancel, no memberships, no recurring fees.

Areas covered by these Conditional Lien Waiver on Progress Payment Forms:

• Apache County

Including:

• Alpine
• Chambers
• Chinle
• Concho
• Dennehotso
• Eagar
• Fort Defiance
• Ganado
• Greer
• Houck
• Lukachukai
• Lupton
• Many Farms
• Mcnary
• Nazlini
• Nutrioso
• Petrified Forest Natl Pk
• Red Valley
• Rock Point
• Round Rock
• Saint Johns
• Saint Michaels
• Sanders
• Springerville
• Teec Nos Pos
• Tsaile
• Vernon
• Window Rock

What is the 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.

Our Promise

The documents you receive here will meet, or exceed, the Apache 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

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Customer Reviews:

4.8 out of 5 (3872 Reviews)

January 28th, 2023

Name: Conrad R.

Review: Easy to obtain form, easy to use. Came with instrucions and references to state statutes. Very Helpful.

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January 27th, 2023

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January 27th, 2023

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