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.

An unconditional waiver is effective when signed and given to the property owner, and waives part of the lien amount representing the partial payment made. Unconditional waivers are effective regardless if payment is actually made. So if accepting a payment via check, only use an unconditional waiver if there are no doubts about whether the check will clear the bank.

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.

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Select your county from the list above
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Record with your county recorder's office

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Common Uses for Unconditional Waiver upon Progress Payment

Protect your right to payment for home improvement work
Protect a supplier's right to payment for delivered materials
Document a change order that affects the scope of a project
Document consent of the property owner for improvements
Protect subcontractor payment rights on a building project
File a final lien waiver after project completion and payment
File a lien for unpaid construction or renovation work

Compare other Iowa deed forms and documents

Quitclaim Deed Gift Deed Warranty Deed Special Warranty Deed Grant Deed Correction Deed Easement Deed Termination, Cancellation of Easement / Right of Way Affidavit of Surviving Joint Tenant Trustee Warranty Deed Court Officer Deed Affidavit of Individual Trustee Affidavit of Corporate Trustee Purchaser Affidavit Mineral Deed Mineral Deed with Quitclaim Covenants Real Estate Mortgage and Promissory Note Release of Real Estate Mortgage Assignment of Real Estate Mortgage Real Estate Contract-Installments Full Release of Real Estate Contract Memorandum of Contract Full Release of Memorandum of Contract General Power of Attorney Limited Power of Attorney for the Purchase of Real Property Limited Power of Attorney for the Sale of Real Property Disclaimer of Interest Certificate of Trust Contractor Notice to Owner Claim of Mechanics Lien Verified Statement of Account Notice to Primary Contractor Subcontractor Notice to Owner Subcontractor Claim of Mechanics Lien Certificate of Satisfaction Conditional Lien Waiver upon Progress Payment Conditional Lien Waiver on Final Payment Unconditional Waiver on Final Payment

Important: County-Specific Forms

Our unconditional waiver upon progress payment forms are specifically formatted for each county in Iowa.

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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