California lien waiver requirements
California prescribes four statutory lien waiver forms. Generic templates aren't enforceable.
California Civil Code §8132–§8138
Yes. California requires you to use the statutory lien waiver form set out in Civil Code §8132–§8138. Substitute your own wording, or use a generic template instead, and the waiver can be challenged or thrown out when you need it to hold up.
The short version
California is one of twelve U.S. states that requires a specific statutory lien waiver form. The Civil Code spells out four forms by section, and a waiver that doesn't substantially follow that language is void on its face. Use the right form for the phase, and the right form for the payment status.
To send the right form for this state and get it signed without an email chase, use lien waiver software.
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At a glance
- Civil Code §8132: Conditional progress
- Civil Code §8134: Unconditional progress (notice in largest type)
- Civil Code §8136: Conditional final
- Civil Code §8138: Unconditional final (notice in largest type)
The four California statutory forms
Each phase of payment has a conditional and an unconditional form. Conditional waivers release lien rights only when the payment clears. Unconditional waivers release lien rights the moment the claimant signs.
The unconditional forms (§8134 and §8138) must carry a Notice to Claimant in type at least as large as the largest type on the form. It warns the claimant that the document is enforceable even if they have not been paid. That notice is part of the prescribed text. A waiver that is not substantially in the statutory form is null, void, and unenforceable.
When to send which form
Send conditional progress (§8132) with every pay app, before the check clears. After the funds clear, send unconditional progress (§8134) to close out that pay period.
On the final payment, send conditional final (§8136) with the last pay app. After the final check clears, send unconditional final (§8138) as the closeout document.
Common California mistakes
Substituting your own template for the statutory form. California enforces substantial conformance. A generic waiver doesn't qualify.
Dropping or shrinking the notice on §8134 or §8138. It has to be in type at least as large as the largest type on the form. Under the §8134 and §8138 preambles, a waiver that is not substantially in the form is null, void, and unenforceable.
Sending unconditional before the payment clears. The form may be technically enforceable, but the sub gave up their lien rights for a payment that hadn't moved yet. If the check fails, they have no recourse.
Questions
No. Civil Code §8132 through §8138 prescribe the four waiver forms. A waiver that doesn't substantially follow that language is not enforceable.
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Arkansas lien waiver requirements
Arkansas leaves waiver wording up to the parties, but a Notice of Intent to Lien must be served 10 days before any lien is filed.
Colorado lien waiver requirements
Colorado lien waivers must include a statement that all third-party debts tied to the work have been paid or will be paid on time.
Calculate retainage on your next payment
Retainage rules change by state; the math to withhold and release it doesn't.
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What is a lien waiver, exactly?
The four waiver types and what each one actually releases.
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More on California lien waiver law
The full statute breakdown behind Civil Code §8132–§8138.
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The right form, the right notice, signed on a phone. Released when the check clears.
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