Sign when requesting final payment. Effective only when final payment is received and cleared.
Who signs
Contractor, subcontractor, or supplier submitting final payment application
Free California Template
Copy and fill in the blanks
CONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT
(California Civil Code § 8136)
Upon receipt by the undersigned of a check from _________________ [maker of check] in the sum of $_________ payable to _________________ [payee or payees of check] and when the check has been properly endorsed and has been paid by the bank upon which it is drawn, this document shall become effective to release any mechanic's lien, stop payment notice, or bond right the undersigned has on the job of _________________ [owner] located at _________________ [job description]. This release covers the final payment to the undersigned for all labor, services, equipment, or materials furnished on the job.
Date: _________________
Claimant's Signature: _________________
Claimant's Title: _________________
Claimant's Name: _________________
Fill in all blank fields before signing. In California, using a non-statutory form may void the waiver. No notarization required.
A final payment waiver releases ALL lien rights for the entire project — not just a specific period. This is why it is critical to only sign after final payment has fully cleared.
Yes, unless retainage is specifically excluded. If retainage has not been released, make sure to note any retainage exclusion or use a conditional waiver that addresses retainage separately.
Legal disclaimer: The forms on this site are provided for general informational purposes only and do not constitute legal advice. Construction lien laws are complex and vary by project type and circumstances. Always consult a licensed construction attorney before relying on any lien waiver for a real project.