Iowa Conditional Lien Waiver on Partial Payment

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.

Partial waivers are used to waive a lien for up to the partial or progress payment amount. A conditional waiver means the waiver is conditioned upon the claimant receiving the amount due. Use the partial conditional waiver when the owner makes less than the full or final payment and the payment method does not guarantee receipt of the money (such as a check that hasn't cleared yet).

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 Partial Payment Forms Have Been Updated as Recently as Tuesday April 16, 2019

4.7 out of 5 (470 Reviews)

What others like you are saying:

Steven M. said: They always get me the information I need, in a timely manner.

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

Cynthia G. said: Thank you for this service, very helpful

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

Alberta P. said: form was east to use...instructions came in handy.

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

Sandra S. said: Very helpful, with blank and sample completed documents. The only thing I was confused about was the "legal description" of my property. The documents weren't too helpful on what that meant. Otherwise they were great. It saved me $200 to prepare these myself.

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

Julie L. said: Great documents! with complete instructions and the CTC as well. I work with a lot of recordings and transfers, this is a great comprehensive set..

Reply from Staff: Thank you!

Jim J. said: The forms were easy to use and the fields are tabbed so that you can enter your information and then move quickly to the next entry. The Guide for the documents was very helpful.

Reply from Staff: Thanks Jim, we appreciate your feedback.