Templates Real Estate Mechanics Lien Waiver and Release (Statutory Forms)

Mechanics Lien Waiver and Release (Statutory Forms)

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CALIFORNIA MECHANICS LIEN WAIVER AND RELEASE FORMS

FORM-SELECTION GATE

The CSLB states that an effective waiver and release must follow substantially one of the forms in Civil Code sections 8132, 8134, 8136, and 8138.

Payment stage and status Use this current official form Select
Progress payment; claimant has not yet received payment Conditional Waiver and Release on Progress Payment
Progress payment; claimant states the progress payment was received Unconditional Waiver and Release on Progress Payment
Final payment; claimant has not yet received payment Conditional Waiver and Release on Final Payment
Final payment; claimant states final payment was received Unconditional Waiver and Release on Final Payment

Before signing:

☐ The payment stage and actual receipt status were verified.

☐ The completed form was compared line by line with the current CSLB PDF linked below.

☐ No statutory notice, waiver sentence, or exception was removed, made optional, or rewritten.

☐ Every blank was completed or reviewed deliberately.


FORM 1 — 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

Item Entry
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:

Item Entry
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): $[________________________________]

  1. 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

Item Entry
Claimant's Signature [________________________________]
Claimant's Title [________________________________]
Date of Signature [__/__/____]

Current official PDF: https://www.cslb.ca.gov/Resources/MechanicsLien/ConditionalWaiverAndReleaseOnProgressPayment.pdf


FORM 2 — UNCONDITIONAL WAIVER AND RELEASE ON PROGRESS PAYMENT

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

Item Entry
Name of Claimant [________________________________]
Name of Customer [________________________________]
Job Location [________________________________]
Owner [________________________________]
Through Date [__/__/____]

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:

$[________________________________]

Exceptions

This document does not affect any of the following:

  1. Retentions.
  2. Extras for which the claimant has not received payment.
  3. 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

Item Entry
Claimant's Signature [________________________________]
Claimant's Title [________________________________]
Date of Signature [__/__/____]

Current official PDF: https://www.cslb.ca.gov/Resources/MechanicsLien/UnconditionalWaiverAndReleaseOnProgressPayment.pdf


FORM 3 — CONDITIONAL WAIVER AND RELEASE ON FINAL 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

Item Entry
Name of Claimant [________________________________]
Name of Customer [________________________________]
Job Location [________________________________]
Owner [________________________________]

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. 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:

Item Entry
Maker of Check [________________________________]
Amount of Check $[________________________________]
Check Payable to [________________________________]

Exceptions

This document does not affect any of the following:

Disputed claims for extras in the amount of: $[________________________________]

Signature

Item Entry
Claimant's Signature [________________________________]
Claimant's Title [________________________________]
Date of Signature [__/__/____]

Current official PDF: https://www.cslb.ca.gov/Resources/MechanicsLien/ConditionalWaiverAndReleaseOnFinalPayment.pdf


FORM 4 — UNCONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT

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

Item Entry
Name of Claimant [________________________________]
Name of Customer [________________________________]
Job Location [________________________________]
Owner [________________________________]

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.

Exceptions

This document does not affect any of the following:

Disputed claims for extras in the amount of: $[________________________________]

Signature

Item Entry
Claimant's Signature [________________________________]
Claimant's Title [________________________________]
Date of Signature [__/__/____]

Current official PDF: https://www.cslb.ca.gov/Resources/MechanicsLien/UnconditionalWaiverAndReleaseOnFinalPayment.pdf


FINAL COMPARISON AND DELIVERY CHECK

☐ The selected form matches the progress/final and paid/unpaid facts.

☐ The completed form matches the current official CSLB PDF substantially, including every notice, operative sentence, and exception.

☐ The unconditional form is not being used merely because payment is expected.

☐ The claimant or authorized agent will sign and deliver the selected form.

☐ A copy of the signed and delivered form will be retained with the payment and project records.

Official CSLB form page: https://www.cslb.ca.gov/consumers/legal_issues_for_consumers/mechanics_lien/conditional_and_unconditional_waiver_release_form.aspx

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About This Template

Real estate documents transfer ownership, define who can use a property, and record agreements between buyers, sellers, landlords, and tenants. Deeds, purchase agreements, leases, and easements have to be drafted to meet state recording requirements, and mistakes show up at closing or years later in title disputes. Good real estate paperwork moves transactions forward quickly and avoids the kind of problems that only surface when it is time to sell or refinance.

Important Notice

This template is provided for informational purposes. It is not legal advice. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.

Checked against the law it cites

A reviewer verified this template's legal citations against the official source on 2026-08-26.

Legal authority: Cal. Civ. Code § 8132 (conditional waiver and release on progress payment); Cal. Civ. Code § 8134 (unconditional waiver and release on progress payment); Cal. Civ. Code § 8136 (conditional waiver and release on final payment); Cal. Civ. Code § 8138 (unconditional waiver and release on final payment)

California Civil Code §§ 8132, 8134, 8136, and 8138 (checked 2026-08-26): "No lien release is binding unless the claimant signs and delivers a waiver and release. If signed by the claimant or their authorized agent, the signed form is effective to release the: Owner; Construction lender; and Surety (in the case of a payment bond). To be effective, the waiver and release forms must follow, substantially, one of the forms set forth in Civil Code sections 8132, 8134, 8136, and 8138."

Cal. Civ. Code § 8132 form (checked 2026-08-26): "This document is effective only on the claimant's receipt of payment from the financial institution on which the following check is drawn."

Cal. Civ. Code § 8134 form (checked 2026-08-26): "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."

Cal. Civ. Code § 8136 form (checked 2026-08-26): "This document is effective only on the claimant's receipt of payment from the financial institution on which the following check is drawn."

Last updated: 2026-08-26

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