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A.R.S. § 33-1008

Arizona Lien Waiver Forms (A.R.S. § 33-1008)

Arizona requires lien waivers to substantially follow four statutory forms. A waiver that doesn't is unenforceable.

Forms

4 statutory forms: conditional/unconditional × progress/final

Wording

Must follow the statutory form substantially

Notary

Not required

Covers

Liens, private bond rights and payment claims

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Conditional Waiver and Release on Progress Payment

Arizona A.R.S. § 33-1008

NOTICE: THIS DOCUMENT WAIVES RIGHTS EFFECTIVE ON RECEIPT OF PAYMENT. A PERSON SHOULD NOT RELY ON THIS DOCUMENT UNLESS SATISFIED THAT THE CLAIMANT HAS RECEIVED PAYMENT.

Identifying Information

Project Name:
________________
Job Number / Invoice:
________________
Claimant:
________________
Customer:
________________
Owner:
________________
Job Location:
________________
Payment Amount:
$__________
Through Date:
________________

Waiver and Release

Upon receipt by the undersigned of a check in the above referenced Payment Amount payable to the undersigned, and when the check has been properly endorsed and has been paid by the bank on which it is drawn, this document becomes effective to release and the undersigned shall be deemed to waive any notice of lien, any private bond right, any claim for payment and any rights under any similar ordinance, rule or statute related to claim or payment rights for persons in the undersigned's position that the undersigned has on the above referenced project to the following extent.

This release covers a progress payment for all labor, services, equipment or materials furnished to the jobsite or to the customer through the Through Date shown above, except for retention, pending modifications and changes or other items furnished.

Before any recipient of this document relies on it, that person should verify evidence of payment to the undersigned.

The undersigned warrants that the undersigned either has already paid or will use the money the undersigned receives from this progress payment promptly to pay in full all of the undersigned's laborers, subcontractors, materialmen and suppliers for all work, materials, equipment or services provided for or to the above referenced project in regard to the attached statement(s) or progress payment request(s).

Signature

Claimant's Signature — ________

Date of Signature: ________

How A.R.S. § 33-1008 works

Under A.R.S. § 33-1008, a waiver of lien and payment bond rights is enforceable only if it follows one of the four forms set out in the statute and is signed by the claimant or its authorized agent. Any waiver or release that does not substantially follow those forms is unenforceable — including waiver language buried in a subcontract.

Conditional vs. unconditional

Conditional waivers become effective only once the claimant's check is properly endorsed and paid by the bank. Unconditional waivers are effective on signing — use them only after funds have cleared.

Progress vs. final

Progress waivers cover work through a stated date and preserve retention, pending modifications and changes. Final waivers cover all work on the project.

Statutory text is provided for automation purposes. Confirm current wording with your attorney before relying on it.