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 do not require payment confirmation, but conditional waivers are effective only when payment is received, usually verified by a check clearing the bank. So, an unconditional waiver given after a partial payment releases a portion the claimant's right to lien, regardless of whether or not 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)(2).

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.

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Common Uses for Unconditional Lien Waiver on Progress Payment

Document consent of the property owner for improvements
Document a change order that affects the scope of a project
Protect your right to payment for home improvement work
Document partial payment received on a construction project
Provide required pre-lien notice before filing a claim

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Important: County-Specific Forms

Our unconditional 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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