Mechanic's liens are governed under Chapter 572 of Iowa Code. A waiver is a conscious relinquishment of a right. In this case, the person granting the waiver is relinquishing the right to seek a mechanic's lien for all or part of the amount due. This assurance is usually enough to get the other party to pay. In Iowa, there are no statutory forms for waivers although according to the principles of contract law, the parties may agree to such modifications in writing.
Generally, waivers come in four varieties: conditional or unconditional, and based on a partial/progress or final payment. Conditional waivers only become effective after the responsible party's check clears the bank on which it was drawn, and provide more protection for the claimants. Unconditional waivers go into effect immediately, tend to favor the owners' interests, and should only be used after payment is confirmed. Waiving lien rights after a partial payment allows the claimant to retain some lien rights, but to release others based on the amount paid on the overall balance due. Waivers upon final payments remove the claimant's eligibility to place a lien because they state that the account is paid in full.
Regardless of the nature, waivers must identify the parties, the location of the project, relevant dates, and payments.
Claimants might use a final conditional waiver when the full and final payment is made, but concerns exist about the payment method. For instance, if there are any concerns a final check won't clear, opt for a conditional waiver. The waiver is only effective upon the payment going through within a specified number of days.
This article is provided for informational purposes only and should not be relied upon as a substitute for the advice from a legal professional. Please contact an Iowa attorney with any questions about sending notice to property owners or anything else with regard to mechanic's liens.
Deeds.com Iowa Conditional Lien Waiver on Final Payment Forms Have Been Updated as Recently as Wednesday February 6, 2019
What others like you are saying:
January 31st, 2019
Name: Ronald C.
Review: My goal was to find the Covenant, Conditions, and Restrictions for my HOA. From what I can read, these documents should be attached to our Deed (single family, patio home in New Hanover County). I am not sure if I have a copy of my Deed. I would need to check my Safe Deposit Box. Unfortunately, I was not successful at finding these documents from your Website. If you can help me find them, I would appreciate that.
Reply from Staff on January 31st, 2019
It is most common to obtain a copy of CC&Rs directly from the HOA. Alternatively, they are also usually a matter of public record recorded with the local recorder and you can obtain a copy there.
December 28th, 2018
Name: Abigail Frances B.
Review: Thanks for the easy download, clear instructions, good price- I'm looking forward to filling them out.
Reply from Staff on December 28th, 2018
Thank you for your feedback. We really appreciate it. Have a great day!
January 1st, 2019
Name: Tanya D.
Review: No review provided.
Select County where the property is located.