California Construction Lien Waiver and Release (2026)

Conditional or unconditional lien waiver for a progress or final payment, using your state's statutory form and mandated warning language where the law prescribes one.

Updated September 2026≈ 4 minReviewed against Cal. Civ. Code §§ 8132, 8134, 8136, 8138 · Cal. Civ. Code § 8122 · Cal. Civ. Code §§ 8000–8848

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What you'll get

Sample first page of the Construction Lien Waiver and Release. Your answers fill in the blanks; the clauses required in California are added automatically.

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What this document covers

Conditional or unconditional, progress or final
Your state's statutory form where one is prescribed
The exact warning language the statute mandates
Claimant, customer and owner identification
Project name, job location, city and county
Job number and payment application number
Amount of the payment and the through date
Check maker, payee and payment reference
Retention, disputed claims and other exceptions
Notary acknowledgment where your state requires it

California rules that this document follows

Statutory waiver form	Required — Cal. Civ. Code §§ 8132, 8134, 8136, 8138Source: Cal. Civ. Code §§ 8132, 8134, 8136, 8138
Notarization	Not required by statute; notarizing is optionalSource: Cal. Civ. Code §§ 8132, 8134, 8136, 8138
Advance waiver	Void — An owner, direct contractor or subcontractor may not, by contract or otherwise, waive, affect or impair another claimant's rights; any contract term that purports to do so is void and unenforceable unless and until the claimant executes and delivers a statutory waiver and release.Source: Cal. Civ. Code § 8122
Governing lien statute	Cal. Civ. Code §§ 8000–8848 (works of improvement)Source: Cal. Civ. Code §§ 8000–8848 (works of improvement)
Evidence of payment	A conditional release does not release the owner, construction lender or payment-bond surety unless there is evidence of payment: the claimant's endorsement on a check paid by the financial institution, or the claimant's written acknowledgment of payment.Source: Cal. Civ. Code § 8124
Retention	The statutory progress-payment forms exclude retentions, unpaid extras and prior unpaid conditional waivers; the final-payment forms except only disputed claims for extras.Source: Cal. Civ. Code §§ 8132, 8134, 8136, 8138
Required warning text	The 'Notice to Claimant' on an unconditional waiver must be in at least as large a type as the largest type otherwise used in the form.Source: Cal. Civ. Code §§ 8134, 8138

Rules current as of 2026-09-14. Statutes change; verify before relying on them.

How to use this Construction Lien Waiver and Release in California

In California the waiver form is set by statute (Cal. Civ. Code §§ 8132, 8134, 8136, 8138). Pick the variant that matches the payment — conditional or unconditional, progress or final — and this template prints that statutory form with the exact notice language the law requires. A waiver that departs from the prescribed form can be thrown out, which is why the wording here is reproduced rather than rewritten.

Fill in the amount exactly as it appears on the check or pay application. You give up lien rights only up to that amount, so a mismatch is money left on the table. Set the through date to the last day of work this payment covers, and list retention, disputed extras and anything else you are keeping alive in the exceptions section before you sign.

Do not sign a waiver before the work is furnished: An owner, direct contractor or subcontractor may not, by contract or otherwise, waive, affect or impair another claimant's rights; any contract term that purports to do so is void and unenforceable unless and until the claimant executes and delivers a statutory waiver and release. (Cal. Civ. Code § 8122) Notarization is optional here, but keep a signed copy and send the waiver by a method that leaves a record.

Track the paperwork. Send conditional waivers with every pay application, and only release an unconditional waiver once the funds have cleared your bank. If payment is late, a mechanics lien has its own short deadline — do not let the waiver paperwork distract you from it.

Frequently asked questions

Does California have a required lien waiver form?

Yes. California prescribes a statutory waiver form (Cal. Civ. Code §§ 8132, 8134, 8136, 8138), and a waiver that does not substantially follow it can be unenforceable. This template reproduces that form and its mandated notice language.

What is the difference between a conditional and an unconditional lien waiver?

A conditional waiver only takes effect when the payment it names actually clears the bank, so it is safe to sign and hand over at the same time as your invoice. An unconditional waiver takes effect the moment you sign it and is enforceable against you even if you are never paid. Send conditional waivers with pay applications; sign unconditional ones only after the funds have settled.

Can I be asked to waive lien rights before I start work?

No. An owner, direct contractor or subcontractor may not, by contract or otherwise, waive, affect or impair another claimant's rights; any contract term that purports to do so is void and unenforceable unless and until the claimant executes and delivers a statutory waiver and release. (Cal. Civ. Code § 8122) A waiver signed before the labor, services or materials are furnished does not bind you.

Does a lien waiver have to be notarized in California?

No. No statute requires notarizing a lien waiver in California. Notarizing is optional and simply adds proof that the signature is genuine.

What happens to my retention and change orders?

A progress waiver should never release retention or pending change orders. List the retention amount and any disputed extras in the exceptions so they survive the waiver. Watch out for fully executed written change orders: in several states they are released automatically unless you list them as an exception.

What if I sign an unconditional waiver and the check bounces?

That is the whole risk of an unconditional waiver: in most states it is enforceable against you the moment you sign, whether or not the money arrives. Use a conditional waiver until the funds have actually settled in your account.

Other names

lien waiver
conditional lien waiver
unconditional lien waiver
waiver and release of lien
partial lien waiver
final lien waiver
mechanics lien waiver
construction lien release
progress payment lien waiver
contractor lien release

Other states

FormsByState provides self-help document templates and general information, not legal advice. We are not a law firm. For advice about your situation consult a licensed attorney in your state.