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California lien waiver requirements
California prescribes four statutory lien waiver forms. Generic templates aren't enforceable.
California Civil Code §8132–§8138
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.
At a glance
- Civil Code §8132: Conditional progress
- Civil Code §8134: Unconditional progress (with bold notice)
- Civil Code §8136: Conditional final
- Civil Code §8138: Unconditional final (with bold notice)
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) carry a mandatory bold warning telling the claimant not to sign before payment is in hand. That warning is part of the prescribed text. Removing it breaks substantial conformance and voids the waiver.
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 the bold notice on §8134 or §8138. The notice is part of the form. Removing it voids the waiver under §8132's preamble.
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
Are non-statutory California lien waivers enforceable?
No. Civil Code §8132 through §8138 prescribe the four waiver forms. A waiver that doesn't substantially follow that language is not enforceable.
Does California require notarization?
No. The four statutory forms do not require a notary. They require a signed claimant identification, the through-date or final-payment marker, and the dollar amount.
Which California form should I send for a progress payment?
Conditional progress under §8132. The lien rights only release once the payment clears. Send unconditional progress (§8134) only after the check has cleared the sub's account.
Send a California waiver in two minutes.
The right form, the right notice, signed on a phone. Released when the check clears.
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