Free tool

California Lien Release Forms

Pick one of the four statutory waiver and release forms, fill in the blanks and download a PDF. The wording is the exact text from Civil Code §§ 8132 to 8138. Your data never leaves your browser.

1. Choose the form

Use when: You are asking for a progress payment and have not been paid yet. It only takes effect once the check clears.

2. Fill in the details

Name of claimant (your company)

Name of customer (who pays you)

Job location

Owner

Through date

Maker of check

Amount of check ($)

Check payable to

Date(s) of earlier unpaid conditional waivers

Amount(s) of those unpaid progress payments ($)

Your title

Date of signature

Leave the signature blank and sign the printed or e-signed copy. Your data stays in this browser.

Preview

CONDITIONAL WAIVER AND RELEASE ON PROGRESS PAYMENT

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:

Claimant’s Title:

Date of Signature:

Which California waiver do you need?

	Not paid yet	Already paid, funds cleared
Progress payment	Conditional on Progress Payment (§ 8132)	Unconditional on Progress Payment (§ 8134)
Final payment	Conditional on Final Payment (§ 8136)	Unconditional on Final Payment (§ 8138)

The safe habit is simple: send a conditional waiver with your pay application, and sign theunconditional version only after the check has cleared your bank. An unconditional waiver is enforceable against you even if you were never paid. The statute requires its "Notice to Claimant" to say exactly that, in type at least as large as anything else on the form.

Why the exact wording matters

California does not let you write your own lien waiver. Under Civil Code 8132, 8134, 8136 and 8138, a waiver given to get paid is "null, void, and unenforceable unless it is in substantially the following form." Civil Code 8124 adds that a waiver only releases the owner, lender or surety if it follows the statutory form and is signed by the claimant. A general contractor's custom waiver that goes further than the statute does not bind you, but signing the wrong statutory form can.

Public works: what you are actually waiving

The waiver chapter applies to every work of improvement, public and private (Civil Code 8120). On a California public works project there is no mechanics lien. A subcontractor or supplier who is not paid can instead serve a stop payment notice on the public entity or claim against the payment bond (Civil Code 9100). That is why every form says it waives "lien, stop payment notice, and payment bond rights." On a public job, the stop payment notice and bond rights are the ones that matter.

Filling in the blanks

Name of Claimant: your company, exactly as it appears on your contract.
Name of Customer: whoever pays you, usually the general contractor.
Job Location and Owner: the project address and the owner or public agency.
Through Date (progress forms only): the last day of work covered by this payment, usually the period-to date on your pay application.
Maker of Check, Amount, Payable to (conditional forms): the payment you expect. The waiver only works once that payment is made.
Exceptions: progress forms keep your retention, unpaid extras and contract rights. List any earlier conditional waivers you were never paid on. Final forms only let you list disputed claims for extras, so write any disputed amount there.

Common mistakes

Signing an unconditional waiver to "speed up" a check that has not cleared.
Using a final waiver when the retention has not been paid yet.
Leaving disputed change-order work off a final waiver. Once signed, you cannot add it.
Signing a general contractor's custom waiver form instead of the statutory one.

General information, not legal advice. Sources: California Civil Code§§ 8120 to 8138and § 9100.

Frequently asked questions

Can I change the wording of a California lien waiver?

No. Civil Code 8132 through 8138 say a waiver is null, void and unenforceable unless it is in substantially the statutory form. This tool reproduces the statutory text as published and only fills in the blanks.

Do these forms apply on public works?

Yes. The waiver chapter (Civil Code 8120 to 8138) applies to all works of improvement, public and private. On public works there is no mechanics lien, so what you are really waiving is your stop payment notice and payment bond rights.

When should I use the conditional form?

Whenever you have not been paid yet. A conditional waiver only takes effect when the check named in it is paid by the bank. Sign the unconditional form only after the money has cleared.

Does a progress waiver release my retention?

No. Both progress forms list retentions as an exception, so they do not affect your right to retention. Retention is covered when you sign a final waiver.

Do these forms work on federal jobs in California?

Not reliably. The California forms are written for state and California public entities and private owners. Federal projects use Miller Act payment bonds, so check with the contracting officer or your attorney.