Iowa Lien Waivers Guide and FAQs

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Iowa Lien Waiver FAQs

Iowa Lien Waivers Overview

Iowa Lien Waiver Rules


  • Rules At A Glance
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lien waivers not regulated
No Specific Form

Iowa does not provide or require specific forms for lien waivers.Any form may be used.


lien waivers do not need to be notarized
Notarization Not Required

Iowa lien waivers are not required to be notarized in order to be effective, and notarization merely slows down the payment process.


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Can Waive Rights in Contract

Iowa has no specific statutory provision prohibiting in advance waivers, and no Iowa court has expressly prohibited advance lien waivers. In Iowa, lien waivers are examined to give effect to the intention of the parties.


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Can Waive Rights Before Payment

While there is no specific prohibition against waiving rights prior to payment, several cases in Iowa have determined that broad language in a waiver was merely intended only to waive the right to lien for amounts already paid, and not for amounts earned and not yet paid.

In Iowa, lien waivers are exchanged on construction projects all the time. Whenever payment exchanges hands you can be sure that lien waivers are also being requested and exchanged.

Iowa does not provide a specific statutory form or template that must be used in order for a lien waiver to be valid, so construction participants are free to use whatever kind of lien waiver form they want. Since the form lien waivers must take is not regulated in Iowa, it can be easy for Iowa lien waiver language to include clauses that overreach, or work to waive more than the signer may have intended.

Many states explicitly don’t allow parties to waive lien rights before they begin work on a project. Iowa, however, does not have a specific prohibition on advance lien waivers, and no Iowa court has expressly prohibited advance lien waivers. In Iowa, lien waivers are examined to give effect to the intention of the parties.

Because of this, it is a best practice to make sure that every contract is examined to make sure that it doesn’t contain a “no-lien” clause that could impair the ability to get paid for the work performed. And to take a good look at the language of all lien waivers to make sure they only waive hat is intended.

Iowa Lien Waivers FAQs

Iowa lien waivers are exchanged by job participants all the time - both around the time of payment, and sometimes by contract. In Iowa, lien waivers are not regulated. This means that there are no specific laws setting forth the forms and rules of exchanging these documents. Lien waivers in Iowa can have significant impact on legal rights. While some states really restrict what can and cannot be done with lien waivers, iowa is not one of them. Accordingly, construction job participants must be very careful when preparing, signing, requesting, exchanging, and otherwise handling lien waivers - or contracts that may include lien-waiver language.

Iowa Lien Waiver FAQs

Does Iowa require a specific statutory lien waiver form?

No, Iowa does not provide or require statutory forms for lien waivers.

What are the requirements for an Iowa lien waiver? What makes a lien waiver binding?

Iowa has no specific statutory provision controlling lien waivers.  Lien waivers are examined to give effect to the intention of the parties, as determined by the language of the document, sequence of events, and surrounding circumstances; any doubt is resolved in favor of the lien claimant.

Are Unconditional Lien Waivers Prohibited in Iowa?

No, there are no specific statutory provision prohibiting unconditional lien waivers.  As long as the lien waiver is intended by both parties and clear, the waiver is valid and enforceable.

Is there a specific statutory prohibition on lien waivers in advance of payments, furnishing of work, or furnishing of materials in Iowa?

There is no specific statutory provision prohibiting in advance waivers.  Several cases in Iowa have determined that broad language in a waiver was merely intended only to waive the right to lien for amounts already paid, and not for amounts earned and not yet paid.  No Iowa court has expressly prohibited advance lien waivers.

Must Iowa lien waivers be notarized?

No. There is no law requiring the notarization of Iowa lien waivers.

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Recent Questions & Answers
About Iowa Lien Waivers

What can be done about forged docs

As a GC in Florida, we have been paying our subcontractors monthly on a commercial project and receiving lien waivers from them and their suppliers...

IS IT UNLAWFUL FOR A GENERAL CONTRACTOR TO SIGN A LIEN WAIVER WITHOUT AUTHORIZATION OF SUBCONTRACTOR KNOWLEDGE?

IS IT UNLAWFUL FOR A GENERAL CONTRACTOR TO SIGN A LIEN WAIVER WITHOUT AUTHORIZATION OF SUBCONTRACTOR KNOWLEDGE?

Does

Does a release of lien remove a mechanics lien from property or must a satisfaction of lien be filed with the county?

Free Iowa Lien Waivers Forms & Templates

Iowa does not have specific forms that must be used to waive lien rights on Iowa construction projects. Since there is little regulation of lien waiver forms, they can say pretty much anything the person drafting them wants them to say. These forms were drafted by construction attorneys to be safe, easy, stress-free, and fair for everyone involved. And they can be used on any Iowa job.

The forms provided here for free by Levelset are easy, clear, and fair. You can download them free, or use our free system to send or request your Iowa lien waiver form.

Free Iowa Lien Waiver Forms

These Iowa lien waiver forms are clear, fair, and drafted by construction attorneys. Make it easy, and use forms from the source you can trust.

Iowa Partial Conditional Lien Waiver Form - free from

Iowa Partial Conditional Lien Waiver Form

This ia partial conditional waiver (also called a partial conditional lien release) should be used when a progress payment on the project is expected. There...

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Iowa Partial Unconditional Lien Waiver Form - free from

Iowa Partial Unconditional Lien Waiver Form

This ia partial unconditional waiver (also called a partial unconditional lien release) should be used when a progress payment on the project has been received....

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Iowa Final Conditional Lien Waiver Form - free from

Iowa Final Conditional Lien Waiver Form

This ia final conditional waiver (also called a final conditional lien release) should be used when the final payment for a project is expected but...

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Iowa Final Unconditional Lien Waiver Form - free from

Iowa Final Unconditional Lien Waiver Form

This ia final unconditional waiver (also called a final unconditional lien release) should be used when the final payment for a project has been made...

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