Conditional Waiver and Release on Progress Payment
California · California Civil Code §§ 8132–8138
When to Use This Form
When to sign
Sign when submitting a progress payment request. The waiver becomes effective only when payment is actually received.
Who signs
The contractor, subcontractor, or supplier requesting payment
Free California Template
Copy and fill in the blanks
CONDITIONAL WAIVER AND RELEASE ON PROGRESS PAYMENT
(California Civil Code § 8132)
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] to the following extent. This release covers a progress payment for all labor, services, equipment, or materials furnished to _________________ [person with whom claimant has contracted] through _________________ [date], and does not cover any retention or items, modifications, or changes pending approval.
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.
Only when the check has been properly endorsed AND paid by the bank. This protects you if the check bounces — your lien rights are preserved until actual payment is received and cleared.
The through date specifies the date through which you are waiving lien rights. Only work, materials, or services provided through that date are covered — anything after that date is not waived.
No. California law requires use of the statutory forms. A GC cannot require you to sign a non-statutory form, and a non-statutory form is unenforceable regardless of what it says.
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.