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California Lien Waivers: Conditional vs. Unconditional Forms

Updated November 1, 2026. General information, not legal advice.

California does not let each contractor write its own lien release. The Civil Code sets out four statutory waiver and release forms, and a waiver that does not follow them is void. Picking the wrong one can cost you your right to get paid. This guide explains the four forms, when to use each, and how they work on public works.

The four statutory forms

Form Civil Code Use it when Fields specific to this form
Conditional Waiver and Release on Progress Payment 8132 You are requesting a progress payment and have not been paid yet Through Date; maker, amount and payee of the check
Unconditional Waiver and Release on Progress Payment 8134 You have received the progress payment and the funds are in hand Through Date; amount of the progress payment received
Conditional Waiver and Release on Final Payment 8136 You are requesting final payment and have not been paid yet Maker, amount and payee of the check
Unconditional Waiver and Release on Final Payment 8138 You have been paid in full States “The claimant has been paid in full”

Every form identifies the claimant (you), the customer (who pays you), the job location and the owner, and ends with your signature, title and date.

Conditional vs. unconditional

The statutes draw the line by whether you have actually been paid.

Conditional forms (8132 and 8136) are for when you have not been paid, or when a single payee or joint payee check is handed over in exchange for the waiver. Each says it “is effective only on the claimant’s receipt of payment from the financial institution on which the following check is drawn,” and names the maker of the check, the amount and the payee. If the check bounces, the waiver never takes effect.

Unconditional forms (8134 and 8138) are for when you assert that you have been paid. They carry a blunt notice, in capitals:

NOTICE TO CLAIMANT: THIS DOCUMENT WAIVES AND RELEASES LIEN, STOP PAYMENT NOTICE, AND PAYMENT BOND 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 WAIVER AND RELEASE FORM.

Never sign an unconditional waiver before you are paid

That notice means what it says. If you sign an unconditional waiver and the payment never arrives, the waiver can still be enforced against you. A promise that “the check is in the mail” does not change that.

A safe routine for each billing cycle:

  1. Send your pay application with a conditional progress waiver for the amount you are requesting.
  2. Wait until the payment has actually cleared your bank.
  3. Then sign an unconditional progress waiver for the amount you received.
  4. At the end of the job, repeat with the two final forms, after retention and any final balance are paid.

Progress vs. final

Progress forms (8132 and 8134) include a Through Date. They waive rights only for work and materials provided through that date, and they list standard exceptions:

  • 8132: (1) retentions; (2) extras you have not been paid for; (3) earlier progress payments for which you gave a conditional waiver but have not been paid, with their dates and amounts; (4) contract rights, including rights based on rescission, abandonment or breach, and the right to be paid for work this payment does not cover.
  • 8134: (1) retentions; (2) extras you have not been paid for; (3) contract rights.

Final forms (8136 and 8138) have no Through Date. They cover all your work on the job, and their only exception is “Disputed claims for extras in the amount of: $”. There is no retention exception, so do not sign a final unconditional waiver until your retention has been paid.

Watch the change-order sentence in every form: rights based on a written change order fully executed before you sign “are waived and released by this document, unless listed as an Exception below.” On a final waiver, write the amount of any disputed extras in the blank.

“Substantially the following form”

Each of Civil Code 8132 through 8138 says the waiver “shall be null, void, and unenforceable unless it is in substantially the following form.” Related sections in the same chapter back this up:

  • 8122: a contract cannot waive a claimant’s rights except through a waiver and release under this chapter.
  • 8124: a waiver releases the owner, construction lender or payment bond surety only if it is in substantially the statutory form and signed by the claimant. For a conditional waiver, there must also be evidence of payment.
  • 8126: other statements that purport to waive your rights are void unless they follow the statutory form or you have actually been paid in full.

In practice, use the statutory wording and only fill in the blanks. If a customer hands you a release with different language, extra clauses or a broader scope, have counsel look at it before you sign.

The type-size rule

The two unconditional forms add a formatting rule. Under 8134 and 8138, the waiver must be in substantially the statutory form “with the text of the ‘Notice to Claimant’ in at least as large a type as the largest type otherwise in the form.” A form that shrinks the warning into fine print does not meet that requirement.

Public works: no mechanics lien, but the forms still matter

The waiver chapter (Civil Code 8120 to 8138) sits in Title 1 of the Works of Improvement part, which covers public and private jobs alike. Section 8120 says the chapter applies to any work of improvement governed by that part.

What changes on a public job is the remedy. The mechanics lien chapter applies only to private works. On a public work, under Civil Code 9100, an unpaid claimant may give a stop payment notice to the public entity or assert a claim against the payment bond. A direct contractor, one that contracts directly with the public entity, may not.

So on a California public works job, the “lien” language in the forms has no practical effect. What you are waiving is your stop payment notice and payment bond rights, which are the main tools a subcontractor has to get paid on a public job. The same four forms are used, and each one names “lien, stop payment notice, and payment bond rights.”

Federal jobs in California

Civil Code 8036 defines “public entity” as the state, the Regents of the University of California, and California counties, cities, districts, public authorities, public agencies and other political subdivisions or public corporations in the state. It does not include federal agencies.

Federal projects run on Miller Act payment bonds, and the California forms do not govern those claims. If the owner is a federal agency, talk to counsel before relying on these forms or on this guide.

Fill the forms without retyping them

Our free California lien release tool fills all four statutory forms with the statutory text and only asks for the blanks: claimant, customer, job location, owner, dates, check details and exceptions. Pair the conditional waiver with your pay application each month. If you would rather have someone else send waivers, track retention and follow up on late payments, our pilot program covers that work.

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Frequently asked questions

What is the difference between a conditional and unconditional lien waiver in California?

A conditional waiver takes effect only when you actually receive payment from the bank the check is drawn on. An unconditional waiver says you have been paid and is enforceable against you once signed, even if the payment never arrives.

Can a general contractor make me sign its own lien release form?

Civil Code 8132 to 8138 say a waiver is null, void and unenforceable unless it is in substantially the statutory form. Civil Code 8122 says a contract cannot waive your rights except through these statutory waivers. If a customer's form differs from the statute, have counsel review it before you sign.

Do lien waivers apply on California public works?

Yes. The waiver chapter applies to all works of improvement, public and private. There is no mechanics lien on a public job, so the waiver gives up your stop payment notice and payment bond rights.

Does a progress lien waiver release my retention?

No. Both progress forms list retentions as an exception. The final payment forms have no retention exception, which is one reason not to sign a final waiver until retention is paid.

Do California lien waiver forms apply to federal projects?

Not reliably. California's definition of public entity covers the state and California public bodies. Federal jobs use Miller Act payment bonds, so check with counsel before relying on these forms on a federal project.