Who uses these forms
Arizona sets out four waiver and release forms [1] in subsection D of A.R.S. § 33-1008, and it gives them mandatory force: a waiver and release is unenforceable unless it follows those forms substantially [1].
The forms speak for "the undersigned", the person giving up rights, and they release that person's mechanic's lien rights, state or federal statutory bond rights and private bond rights [1]. The set is divided by timing, with a progress payment version and a final payment version of each kind, and by whether the release depends on payment clearing, which is what separates a conditional form from an unconditional one.
What the statute says about them
The conditional forms, § 33-1008(D)(1) and (D)(3) [1], tie their effect to a check. Each says the document becomes effective "when the check has been properly endorsed and has been paid by the bank on which it is drawn" [1]. Until then, by its own terms, the release has not taken hold.
The unconditional forms, § 33-1008(D)(2) and (D)(4) [1], are written from the other side. Their opening statement is that payment has already arrived: the progress version says the signer "has been paid and has received a progress payment", and the final version says the signer "has been paid in full" [1].
Each unconditional form closes with a notice. Just above that notice, the statute prints a direction line in parentheses. The line is the statute's own direction about the notice rather than form text, and it requires the notice to appear "in type at least as large as the largest type otherwise on the document" [1].
Notarization is not part of Arizona's scheme [1]. Each form's signature block holds a date line, a company name, a signature and a title.
Reading the blanks
Every form opens with lines for the project and a job number. After that, the blanks differ by form.
- Conditional, progress payment. Lines for the maker of the check, the amount of the check, and the payee or payees; the owner and a job description; the person the signer contracted with; and a through date. The text states that the release leaves out retention, pending modifications and changes, and items furnished after that date.
- Unconditional, progress payment. A line for the sum of the payment received, then the person the signer contracted with, the owner, the job description and a through date, with the same carve-out for retention, pending changes and later items.
- Conditional, final payment. The same check lines as the conditional progress form, the owner and job description, the contracting party, and a dollar blank for disputed claims left outside the release.
- Unconditional, final payment. The contracting party, the owner and job description, and a dollar blank for disputed claims for extra work.
Each form also includes a warranty by the signer about paying its own laborers, subcontractors, materialmen and suppliers from the money received [1].
Related
- Lien waiver forms by state
- Arizona retainage law
- Lien waiver template, labeled as not a statutory form, for states without a statutory form