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Arizona lien waiver requirements
Arizona prescribes the lien waiver form by statute.
Arizona Revised Statutes §33-1008
The short version
Arizona is one of twelve U.S. states that requires a specific statutory lien waiver form. Arizona Revised Statutes §33-1008 spells out the form a claimant may sign in exchange for a progress or final payment. A waiver that doesn't substantially follow that language is void.
At a glance
- Statutory progress payment waiver
- Statutory final payment waiver
- Conditional and unconditional variants
- Notice language built into the unconditional forms
The §33-1008 form
Arizona prescribes the form for both progress and final payment waivers, with conditional and unconditional variants for each. The unconditional forms carry a notice that ties enforceability to actual receipt of payment.
Substantial conformance is the standard. Don't drop the notice, don't substitute your own language, and don't try to bundle multiple pay periods into a single non-conforming form.
When to send which form
Send the conditional progress waiver with each pay app. After the check clears, send the matching unconditional progress waiver to close out that pay period.
On the final payment, send the conditional final waiver with the last pay app. After the final check clears, send the unconditional final waiver as the closeout document.
Common Arizona mistakes
Using a generic template. §33-1008 prescribes the form. A non-conforming waiver is not enforceable.
Dropping the notice on the unconditional forms. The notice is part of the form.
Sending unconditional before the payment clears. Arizona's notice exists for a reason.
Questions
Are non-statutory Arizona lien waivers enforceable?
No. §33-1008 prescribes the form. A waiver that doesn't substantially follow that language is not enforceable.
Does Arizona require notarization?
No. The statute does not require a notary.
Which Arizona form should I send for a progress payment?
Conditional progress under §33-1008. Send unconditional progress only after the payment has cleared the sub's account.
Send a Arizona waiver in two minutes.
The right form, the right notice, signed on a phone. Released when the check clears.
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