33-1008

33-1008. Waiver of lien

A. An owner or contractor by any term of their contract, or otherwise, may not
waive or impair the claims or liens of other persons whether with or without notice
except by their written consent or as prescribed by section 33-1003. Any term of the
contract to that effect shall be void. Any written consent given by any claimant
pursuant to this section is unenforceable unless the claimant executes and delivers a
waiver and release. This waiver and release is effective to release the property for the
benefit of the owner, the construction lender, the contractor and the surety on a payment
bond from claims and liens only if the waiver and release follows substantially one of
the forms set forth in this section and is signed by the claimant or his authorized
agent, and, in the case of a conditional release, if there is evidence of payment to the
claimant. Evidence of payment may be by the claimant's endorsement on a single or joint
payee check that has been paid by the bank on which it was drawn or by written
acknowledgment of payment given by the claimant.

B. No oral or written statement purporting to waive, release or otherwise adversely
affect a claim is enforceable or creates any estoppel or impairment of a claim unless it
is pursuant to a waiver and release prescribed by this section or the claimant had
actually received payment in full for the claim.

C. This section does not affect the enforceability of either an accord and
satisfaction regarding a bona fide dispute or any agreement made in settlement of an
action pending in any court provided the accord and satisfaction or agreement and
settlement make specific reference to the mechanic's lien or bond claims.

D. The waiver and release given by any claimant is unenforceable unless it follows
substantially the following forms in the following circumstances:

1. Where the claimant is required to execute a waiver and release in exchange for
or in order to induce the payment of a progress payment and the claimant is not in fact
paid in exchange for the waiver and release or a single payee check or joint payee check
is given in exchange for the waiver and release, the waiver and release shall follow
substantially the following form:

Conditional waiver and release on progress payment

Project: ______________________

Job No.: ______________________

On receipt by the undersigned of a check from_________________

(maker of check)

in the sum of $______________ payable to______________________

(amount of check) (payee or payees of check)

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 any mechanic's
lien, any state or federal statutory bond right, 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 job of
______________________________________________________________

(owner)

located at __________________________________ to the following

(job description)

extent. This release covers a progress payment for all labor, services,
equipment or materials furnished to the jobsite or to
__________________________________________________________,

(person with whom undersigned contracted)

through _____________ only and does not cover any retention,

(date)

pending modifications and changes or items furnished after that date. Before
any recipient of this document relies on it, that person should verify
evidence of payment to the undersigned.

The undersigned warrants that he either has already paid or will use the
monies he receives from this progress payment to promptly pay in full all of
his laborers, subcontractors, materialmen and suppliers for all work,
materials, equipment or services provided for or to the above referenced
project up to the date of this waiver.


 Date:  ____________________ _________________________________

(Company name)

By: ____________________________

(Signature)

_________________________________

(Title)

2. Where the claimant is required to execute a waiver and release in exchange for
or in order to induce the payment of a progress payment and the claimant asserts in the
waiver that it has been paid the progress payment, the waiver and release shall follow
substantially the following form:

Unconditional waiver and release on progress payment

Project: _________________

Job No.: _________________

The undersigned has been paid and has received a progress payment in the sum
of $___________ for all labor, services, equipment or material furnished to
the jobsite or to
______________________________________________________________

(person with whom undersigned contracted)

on the job of ________________________________________________

(owner)

located at ___________________________________________________

(job description)

and does hereby release any mechanic's lien, any state or federal statutory
bond right, 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 ______________________________________________________________

(person with whom undersigned contracted)

through _____________ only and does not cover any retention,

(date)

pending modifications and changes or items furnished after that date.


 Dated: ____________________ _________________________________

(Company name)

By: ____________________________

(Signature)

_________________________________

(Title)

(Each unconditional waiver shall contain the following language, in type at
least as large as the largest type otherwise on the document:)

Notice: This document waives rights unconditionally and states that you have
been paid for giving up those rights. This document is enforceable against
you if you sign it, even if you have not been paid. If you have not been
paid, use a conditional release form.

3. Where the claimant is required to execute a waiver and release in exchange for
or in order to induce payment of a final payment and the claimant is not paid in exchange
for the waiver and release or a single payee check or joint payee check is given in
exchange for the waiver and release, the waiver and release shall follow substantially
the following form:

Conditional waiver and release on final payment

Project: _______________

Job No.: _______________

On receipt by the undersigned of a check from ________________

(maker of check)

in the sum of $_______________ payable to ____________________

(amount of check) (payee or payees of check)

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 any mechanic's
lien, any state or federal statutory bond right, 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,
the undersigned has on the job of ___________________ located at
______________________________.

(owner) (job description)

This release covers the final payment to the undersigned for all labor,
services, equipment or materials furnished to the jobsite or to
_____________________________________________________________,

(person with whom undersigned contracted)

except for disputed claims in the amount of $_________. Before any recipient
of this document relies on it, the person should verify evidence of payment to
the undersigned.

The undersigned warrants that he either has already paid or will use the
monies he receives from this final payment to promptly pay in full all his
laborers, subcontractors, materialmen and suppliers for all work, materials,
equipment or services provided for or to the above referenced project up to
the date of this waiver.


 Dated: ____________________ _________________________________

(Company name)

By: ____________________________

(Signature)

_________________________________

(Title)

4. Where the claimant is required to execute a waiver and release in exchange for
or in order to induce payment of a final payment and the claimant asserts in the waiver
that it has been paid the final payment, the waiver and release shall follow
substantially the following form:

Unconditional waiver and release on final payment

Project: _______________

Job No.: _______________

The undersigned has been paid in full for all labor, services, equipment or
material furnished to the jobsite or to
_____________________________________________________________,

(person with whom undersigned contracted)

on the job of _____________ located at _______________________

(owner) (job description)

and does hereby waive and release any right to mechanic's lien, any state or
federal statutory bond right, 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, except for
disputed claims for extra work in the amount of $ ___________.

The undersigned warrants that he either has already paid or will use the
monies he receives from this final payment to promptly pay in full all of his
laborers, subcontractors, materialmen and suppliers for all work, materials,
equipment or services provided for or to the above referenced project.


 Dated: ____________________ _________________________________

(Company name)

By: ____________________________

(Signature)

_________________________________

(Title)

(Each unconditional waiver shall contain the following language in type at
least as large as the largest type otherwise on the document:)

Notice:

This document waives rights unconditionally and states that you have been paid for
giving up those rights. This document is enforceable against you if you sign it, even if
you have not been paid. If you have not been paid, use a conditional release form.