StatutoryDesk / State Statutory Rules / Arizona Statutory Lien Waiver Forms (A.R.S. § 33-1008)
Arizona Statutory Lien Waiver Forms (A.R.S. § 33-1008)
What are the statutory lien waiver rules in Arizona?
Arizona Revised Statutes § 33-1008 mandates four exact lien waiver forms: Conditional and Unconditional upon Progress and Final Payment. Any waiver that does not substantially follow the statutory templates is unenforceable in Arizona, and notarization is not required.
Arizona Revised Statutes § 33-1008 voids any contract clause that purports to waive mechanic's lien or payment bond rights in advance, unless the claimant executes one of the four verbatim forms in subsection D.
Statutory rules at a glance in Arizona
| Rule | Statutory Requirement |
|---|---|
| Governing statute | Arizona Revised Statutes § 33-1008 |
| Mandatory forms | Conditional Progress (§ 33-1008(D)(1)), Unconditional Progress (§ 33-1008(D)(2)), Conditional Final (§ 33-1008(D)(3)), and Unconditional Final (§ 33-1008(D)(4)) |
| Font & notice rule | Notice on unconditional waivers must be in bold type at least as large as the largest type on the document |
| Notary / Witness rule | No notary required. |
| Unpaid / Conditional clock | Conditional waivers take effect only when the check is paid by the bank upon which it is drawn. |
Workers' Comp audit rule for subcontractors in Arizona
Under A.R.S. § 23-902, independent contractors without employees should execute a written Independent Contractor Statutory Declaration along with a valid COI to avoid Workers' Comp audit reclassification.
Generate your Arizona statutory lien waiver free
The free StatutoryDesk 12-State Lien Waiver Generator prepares the Arizona statutory form (Arizona Revised Statutes § 33-1008) in your browser with the required font size and notice block enforced, plus our Subcontractor ACORD 25 Workers' Comp Audit Checker to verify sub certificates before releasing a check.
Questions
Does Arizona require a specific statutory lien waiver form?
Yes. Under Arizona Revised Statutes § 33-1008, Arizona requires: Conditional Progress (§ 33-1008(D)(1)), Unconditional Progress (§ 33-1008(D)(2)), Conditional Final (§ 33-1008(D)(3)), and Unconditional Final (§ 33-1008(D)(4)).
Do lien waivers need to be notarized in Arizona?
No notary required.
What happens if a subcontractor has no Workers' Comp in Arizona?
Under A.R.S. § 23-902, independent contractors without employees should execute a written Independent Contractor Statutory Declaration along with a valid COI to avoid Workers' Comp audit reclassification.