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Statutory forms, Cal. Civ. Code §§ 8132–8138

California
Lien Waiver Forms

California lien waiver forms: the four statutory releases, reproduced exactly

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State Rules

How California treats lien waivers

California prescribes exactly four lien waiver forms in Civil Code sections 8132 through 8138: conditional and unconditional releases for progress and final payments. Any waiver signed in exchange for, or to induce, a payment is null, void, and unenforceable unless it substantially follows the statutory form, so we generate the statutory text verbatim and fill in only the blanks. Conditional waivers take effect only when the identified check is paid by the bank it is drawn on, while unconditional waivers bind the claimant on signing (even if payment never arrives), which is why each unconditional form carries the mandatory NOTICE TO CLAIMANT warning.

What to know about California lien waivers

  • California waivers must substantially follow the statutory forms in Civil Code §§ 8132–8138: this form reproduces the statutory text exactly, with only the blanks filled. Do not add conditions, indemnities, or a notary block; alterations risk voiding the waiver.
  • An unconditional waiver binds the claimant once signed, even if payment is never received. Use the conditional form until the identified check has actually been paid by the bank it is drawn on.

California lien waiver forms we generate

California prescribes the waiver language by statute; we generate the exact text of Cal. Civ. Code §§ 8132–8138, filled in with your project details.

Conditional Progress

Conditional Waiver and Release on Progress Payment

Signed when a progress payment is promised: the waiver only takes effect once that payment actually arrives.

Unconditional Progress

Unconditional Waiver and Release on Progress Payment

Signed after a progress payment has been received: immediately waives lien rights for work through the covered date.

Conditional Final

Conditional Waiver and Release on Final Payment

Signed when the final payment is promised: waives all remaining lien rights, but only once the payment clears.

Unconditional Final

Unconditional Waiver and Release on Final Payment

Signed after the final payment is in hand: a complete, immediate waiver of lien rights on the project.

Signing a lien waiver in California

Execution rules (the form's wording, notarization, witnesses, and whether an electronic signature works) are set by state law. Here's what applies in California, built into every waiver we generate.

Advance waivers

Cal. Civ. Code §§ 8122 and 8126: a contract term or any other oral or written statement purporting to waive, affect, or impair a claimant's lien, stop payment notice, or payment bond rights is void and unenforceable unless and until the claimant executes and delivers a waiver and release in the statutory form.

California execution rules

  • ⚖ Statutory form: the waiver must substantially follow the form in Cal. Civ. Code §§ 8132–8138; we generate the statutory text as written.
  • ✓ Notarization: not required in California.
  • ✓ Witness: not required in California.
  • ✓ E-signature: available. Send California waivers for electronic signature and get the signed copy stored with a tamper-evident audit certificate.

California lien waiver questions

Which lien waiver forms does California use?
California prescribes four statutory lien waiver forms in Cal. Civ. Code §§ 8132–8138. They are the Conditional Waiver and Release on Progress Payment, the Unconditional Waiver and Release on Progress Payment, the Conditional Waiver and Release on Final Payment, and the Unconditional Waiver and Release on Final Payment.
Do California lien waivers need to be notarized?
No. California does not require lien waivers to be notarized. California waivers must substantially follow the statutory forms in Civil Code §§ 8132–8138: this form reproduces the statutory text exactly, with only the blanks filled. Do not add conditions, indemnities, or a notary block; alterations risk voiding the waiver.
What is the difference between a conditional and an unconditional lien waiver in California?
A conditional waiver takes effect only once the payment it describes actually arrives; if the check bounces or never comes, your lien rights survive. An unconditional waiver gives up lien rights as soon as it is signed, whether or not you are ever paid, so sign one only after the money is in hand.
What is the difference between a progress and a final lien waiver in California?
A progress waiver covers a single progress payment and waives lien rights only for work through a stated date, leaving rights for later work intact. A final waiver goes with the last payment and waives all remaining lien rights on the project. In California, progress payments use the Conditional Waiver and Release on Progress Payment or the Unconditional Waiver and Release on Progress Payment and final payments use the Conditional Waiver and Release on Final Payment or the Unconditional Waiver and Release on Final Payment.
Is a lien waiver signed in advance enforceable in California?
Cal. Civ. Code §§ 8122 and 8126: a contract term or any other oral or written statement purporting to waive, affect, or impair a claimant's lien, stop payment notice, or payment bond rights is void and unenforceable unless and until the claimant executes and delivers a waiver and release in the statutory form.

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Bordering states

Every state's waiver rules are different. Check before you sign.