Mechanics Lien Waiver and Release (Statutory Forms)

CALIFORNIA MECHANICS LIEN WAIVER AND RELEASE FORMS

(California Civil Code §§ 8132, 8134, 8136, 8138)

SELECT THE APPROPRIATE FORM BELOW

FORM 1: CONDITIONAL WAIVER AND RELEASE ON PROGRESS PAYMENT

(California Civil 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

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 shall become effective only upon the claimant's receipt of payment from the financial institution on which the following check is drawn:

Exceptions

This document does not affect any of the following:

☐ Retentions

☐ Extras for which the claimant has not received payment:
Amount: $[AMOUNT]
Description: [DESCRIPTION OF UNPAID EXTRAS]

☐ 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: [DATE(S)]
Amount(s): $[AMOUNT(S)]

☐ Contract rights, including:

• Rights based on rescission, abandonment, or breach of contract
• Right to recover compensation for work not compensated by the payment

Signature

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FORM 2: UNCONDITIONAL WAIVER AND RELEASE ON PROGRESS PAYMENT

(California Civil Code § 8134)

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.

Identifying Information

Unconditional 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.

The claimant has received the following progress payment: $[AMOUNT RECEIVED]

Exceptions

This document does not affect any of the following:

☐ Retentions

☐ Extras for which the claimant has not received payment:
Amount: $[AMOUNT]
Description: [DESCRIPTION OF UNPAID EXTRAS]

☐ Contract rights, including:

• Rights based on rescission, abandonment, or breach of contract
• Right to recover compensation for work not compensated by the payment

Signature

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FORM 3: CONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT

(California Civil Code § 8136)

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

Conditional Waiver and Release

This document waives and releases lien, stop payment notice, and payment bond rights the claimant has for all labor and service provided, and equipment and material delivered, to the customer on this job. 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 shall become effective only upon the claimant's receipt of payment from the financial institution on which the following check is drawn:

Exceptions

This document does not affect the following:

☐ Disputed claims for extras in the amount of: $[AMOUNT]
Description: [DESCRIPTION OF DISPUTED EXTRAS]

Signature

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FORM 4: UNCONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT

(California Civil Code § 8138)

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.

Identifying Information

Unconditional Waiver and Release

This document waives and releases lien, stop payment notice, and payment bond rights the claimant has for all labor and service provided, and equipment and material delivered, to the customer on this job. 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.

The claimant has been paid in full for all labor, services, equipment, and materials furnished on this job.

Exceptions

This document does not affect the following:

☐ Disputed claims for extras in the amount of: $[AMOUNT]
Description: [DESCRIPTION OF DISPUTED EXTRAS]

Signature

IMPORTANT LEGAL NOTES

1. Statutory Compliance: These forms must be used "substantially" as provided in California Civil Code §§ 8132-8138. Deviation may render the waiver void and unenforceable.

2. Notarization: California does NOT require notarization for lien waivers.

3. Conditional vs. Unconditional:
   - Conditional waivers become effective only when payment clears
   - Unconditional waivers are immediately binding upon signature, even if payment fails

4. Progress vs. Final:
   - Progress payment waivers cover work through a specific date and preserve retention rights
   - Final payment waivers cover ALL work and waive ALL rights except noted exceptions

5. Retention: Progress payment waivers do not waive retention rights unless the "Exceptions" section is not properly completed.

6. Effective Date: These statutory forms became effective July 1, 2012 (Stats. 2010, Ch. 697, Sec. 20, SB 189).

7. Reliance: A person receiving a conditional waiver should not rely on it until confirming payment was actually received by the claimant.