The American Institute of Architects (AIA) Contract Documents program recently released a limited number of state-specific Sworn Construction Statements and Lien Waiver and Release forms for use on construction projects. At the same time, the AIA also released generic versions of the waiver and release forms for use in states without specific statutory requirements.
At present, twelve states in the United States (Arizona, California, Florida, Georgia, Massachusetts, Michigan, Mississippi, Missouri, Nevada, Texas, Utah, and Wyoming) regulate lien waiver and release forms on construction projects. These regulations vary in their requirements. While some state statutes only regulate the language to be used on the forms (i.e., Arizona), other state statutes seek to regulate the lien waiver and release forms down to the font size used (i.e., Georgia). Given the specificity of such regulations, lien waiver and release forms that do not conform with state regulations are routinely found invalid by courts, if challenged.
Because courts routinely demand strict adherence to the statutory requirements for lien waiver and release forms in states in which such forms are regulated, the AIA has carefully curated Sworn Construction Statements and Lien Waiver and Release forms for the 12 regulated states to conform with state statutes and has locked the ability to edit these forms, other than to permit the input of project specific details. The AIA has maintained the ability to edit the generic Sworn Construction Statements and Lien Waiver and Release forms, however, to fit the needs of a project in a state in which the forms are not strictly regulated.
Despite the care taken to craft and protect the Sworn Construction Statements and Lien Waiver and Release forms, the AIA nevertheless recommends that parties consult with their attorneys prior to using an AIA lien waiver and release form to ensure the form selected is valid and consistent with the parties’ needs for a particular project.  
About this Author
Choity Khan represents construction industry clients including owners, contractors, subcontractors and design professionals. She is a member of the firm’s Construction Law Group, providing litigation and transactional services to her clients. She is a contributor to the firm’s Construction Law Zone blog. 
 Choity previously worked for a Hartford-based law firm, representing carriers in connection with insurance coverage obligations and disputes. She handled matters concerning issues of…
 
As a woman owned company, The National Law Review is a certified member of the Women's Business Enterprise National Council
You are responsible for reading, understanding and agreeing to the National Law Review’s (NLR’s) and the National Law Forum LLC’s  Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only. Any legal analysis, legislative updates or other content and links should not be construed as legal or professional advice or a substitute for such advice. No attorney-client or confidential relationship is formed by the transmission of information between you and the National Law Review website or any of the law firms, attorneys or other professionals or organizations who include content on the National Law Review website. If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor.  
Some states have laws and ethical rules regarding solicitation and advertisement practices by attorneys and/or other professionals. The National Law Review is not a law firm nor is www.NatLawReview.com  intended to be  a referral service for attorneys and/or other professionals. The NLR does not wish, nor does it intend, to solicit the business of anyone or to refer anyone to an attorney or other professional.  NLR does not answer legal questions nor will we refer you to an attorney or other professional if you request such information from us. 
Under certain state laws the following statements may be required on this website and we have included them in order to be in full compliance with these rules. The choice of a lawyer or other professional is an important decision and should not be based solely upon advertisements. Attorney Advertising Notice: Prior results do not guarantee a similar outcome. Statement in compliance with Texas Rules of Professional Conduct. Unless otherwise noted, attorneys are not certified by the Texas Board of Legal Specialization, nor can NLR attest to the accuracy of any notation of Legal Specialization or other Professional Credentials.
The National Law Review – National Law Forum LLC 3 Grant Square #141 Hinsdale, IL 60521  Telephone  (708) 357-3317 or toll free (877) 357-3317.  If you would ike to contact us via email please click here.

source