Unconditional waiver and release on final payment arizona

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. A conditional waiver is effective only when payment is received, usually verified by a check clearing the bank. So, an unconditional waiver given after the final payment releases the claimant's right to lien, regardless of whether or not 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)(4).

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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What is an unconditional release?

An unconditional release means no restrictions are imposed on the release of the lien. This type of lien release is typically used in final project documents to verify the project completion, payment finalization, and your release of all future rights to file liens on the project.

Do Arizona lien waivers need to be notarized?

Is notarization required on Arizona lien waivers? The answer is no. There is no requirement for Arizona lien waivers to be notarized.

Does Arizona have statutory lien waivers?

Arizona provides 4 different lien waiver forms. Each form is used at different times and under different circumstances. Here are guides to the 4 Arizona statutory lien waivers: Conditional Progress Lien Waivers.

What is an unconditional release waiver?

Placing a Player on Unconditional Release Waivers Removes Him from All Rosters. On the date of the waiver request, the club must notify the player that the club intends to release the player. When the Commissioner's Office receives the waiver request, the player is immediately removed from all player limits.

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What is an unconditional release on final payment?

The Unconditional Waiver and Release on Final Payment form is used when the claimant is required to execute a waiver in exchange for a final payment, and the claimant acknowledges that final payment has been received.

What is an unconditional release?

An unconditional release means no restrictions are imposed on the release of the lien. This type of lien release is typically used in final project documents to verify the project completion, payment finalization, and your release of all future rights to file liens on the project.

What is the difference between conditional and unconditional release?

Lien waivers generally come in two forms: conditional and unconditional. In a nutshell, conditional lien waivers show how much money is owing through a particular date, and unconditional lien waivers show how much money has been paid for work through a particular date.

Does Arizona have statutory lien waivers?

Lien waivers are regulated in Arizona, and the state provides statutory lien waiver forms that must be used. In Arizona, a contractor or supplier cannot waive their lien rights in a contract. Arizona lien waivers do not need to be notarized.