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Conditional Lien Waiver on Progress Payment Form - Cochise County
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 12/30/2020
Conditional Lien Waiver on Progress Payment Guide - Cochise County
Line by line guide explaining every blank on the form.
Included document last updated 1/8/2021
Completed Example of the Unconditional Lien Waiver on Progress Payment Document - Cochise County
Example of a properly completed form for reference.
Included document last updated 1/12/2021
*The Following Arizona and Cochise County supplemental forms are included as a courtesy with your order.
Affidavit of Property Value Form
If money transfers from a real property conveyance, an "Affidavit of Property Value Form" is required. If no money is exchanged, an exemption code must be entered on the document. Exemption codes and line-by-line instructions are on page 2 of this form.
Affidavit of Property Value Instructions
Instructions for the Affidavit of Value Form.
Exemption Code Explanations
Explanation of all available exemptions from the affidavit of value requirements.
Notary Certificates
The supplemental forms in this section can be used as loose certificates by Arizona notaries.
Cover Page
If the prepared document does not provide the margins required by counties for the recording stamp, a cover page can be added.
Including:
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.
Get your Cochise County Conditional Lien Waiver on Progress Payment 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.
The documents you receive here will meet, or exceed, the Cochise County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
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