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Civ. Code §§ 8132–8138

California Lien Waiver Forms (Civil Code §§ 8132–8138)

California requires waivers to follow the statutory forms exactly — any deviation makes the waiver unenforceable.

§ 8132

Conditional waiver — progress payment

§ 8134

Unconditional waiver — progress payment

§ 8136

Conditional waiver — final payment

§ 8138

Unconditional waiver — final payment

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Conditional Waiver and Release on Progress Payment

California Civ. Code § 8132

NOTICE: THIS DOCUMENT WAIVES THE CLAIMANT'S LIEN, STOP PAYMENT NOTICE, AND PAYMENT BOND RIGHTS EFFECTIVE ON RECEIPT OF PAYMENT. A PERSON SHOULD NOT RELY ON THIS DOCUMENT UNLESS SATISFIED THAT THE CLAIMANT HAS RECEIVED PAYMENT.

Identifying Information

Name of Claimant:
________________
Name of Customer:
________________
Job Location:
________________
Owner:
________________
Through Date:
________________

Conditional Waiver and Release

This document waives and releases lien, stop payment notice, and payment bond rights the claimant has for labor and service provided, and equipment and material delivered, to the customer on this job through the Through Date of this document. Rights based upon labor or service provided, or equipment or material delivered, pursuant to a written change order that has been fully executed by the parties prior to the date that this document is signed by the claimant, are waived and released by this document, unless listed as an Exception below. This document is effective only on the claimant's receipt of payment from the financial institution on which the following check is drawn:

Maker of Check: ________________ Amount of Check: $__________ Check Payable to: ________________

Exceptions

This document does not affect any of the following:

(1) Retentions.

(2) Extras for which the claimant has not received payment.

(3) The following progress payments for which the claimant has previously given a conditional waiver and release but has not received payment: Date(s) of waiver and release: ________ Amount(s) of unpaid progress payment(s): $________

(4) Contract rights, including (A) a right based on rescission, abandonment, or breach of contract, and (B) the right to recover compensation for work not compensated by the payment.

Signature

Claimant's Signature — ________

Date of Signature: ________

Exact wording is mandatory

Civil Code § 8124 provides that a waiver of lien, stop payment notice or payment bond rights is enforceable only if it is in substantially the statutory form set out in §§ 8132–8138 and signed by the claimant. In practice, California courts expect the form verbatim.

Conditional waivers

Conditional waivers (§§ 8132, 8136) are effective only when the claimant actually receives payment from the financial institution on which the check is drawn. They identify the maker of the check, amount, and payee.

Unconditional waivers

Unconditional waivers (§§ 8134, 8138) are enforceable once signed, even if payment never arrives. Only sign one after funds clear.

Statutory text is provided for automation purposes. Confirm current wording with your attorney before relying on it.