This Conditional Waiver and Release of Lien Upon Final Payment form is for use by an individual lienor to waive and release his or her lien and right to claim a lien for labor, services or materials furnished in consideration of final payment. This waiver is conditional upon the lienor receiving final payment for his or her work, and if funds are not received, the waiver is void.
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No, Arizona lien waivers do not need to be notarized, even though it's common for contractors to ask for notarized waivers.
It might be possible to waive unconditional lien rights after work has started, but before payment has been made the waiver form will have to meet certain legal requirements. Arizona has no requirement that a lien waiver must be notarized; in fact, this could even invalidate the form.
In general, there are 3 steps to file a mechanics lien claim in Arizona: Complete a mechanics lien form that meets the legal requirements. Download an Arizona mechanics lien form. File the lien claim with the county prothonotary (clerk) by the deadline. Serve a copy of the lien on the property owner.
Conditional Waiver and Release Upon Final Payment Use this form when the claimant is required to sign a waiver and release in exchange for, or in order to, induce a final payment, and the claimant has not yet been paid. This release is only binding if there is evidence of payment to the claimant.
An unconditional release is when someone is completely freed from custody or obligation without any conditions or restrictions. This means they are no longer under any legal or contractual obligations and can go about their life freely. It is the final discharge of a prison inmate from custody.
