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General Principles: No lien release is binding unless the claimant signs and delivers a waiver and release. If signed by the claimant or his or her authorized agent, the signed form is effective to release the:

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  • Owner;
  • Construction lender; and
  • Surety (in the case of a payment bond).

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For more information on mechanics liens, view the Understanding Mechanics Liens section.

Be careful: paying your contractor (and/or getting a release from your contractor) does not guarantee that other claimants, like subcontractors and suppliers, are paid. A claimant is a person who, if not paid, can file a lien on your property.

To be effective, the waiver and release forms must follow, substantially, one of the forms set forth in Civil Code sections 8132, 8134, 8136, and 8138. The forms are:

Conditional Waiver and Release Upon Progress Payment

Use this form when the claimant is required to sign a waiver and release in exchange for, or in order to, induce a progress payment, and the claimant has not yet been paid. This form is useful when the claimant is not yet paid, but will be paid out of a progress payment that is not the final payment. This conditional waiver and release is only effective if the claimant is actually paid. This release does not cover all items. See the Conditional Waiver And Release Upon Progress Payment form.

Unconditional Waiver and Release Upon Progress Payment

Use this form when the claimant is required to sign a waiver and release in exchange for, or in order to, induce a progress payment, and the claimant asserts in the waiver that he or she has received the progress payment. This release does not cover all items. See the Unconditional Waiver And Release Upon Progress Payment form.

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Conditional Waiver and Release Upon Final Payment

Use this form when the claimant is required to sign a waiver and release in exchange for, or in order to, induce a final payment, and the claimant has not yet been paid. This release is only binding if there is evidence of payment to the claimant. Evidence of payment may be demonstrated by:

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  • The claimant's endorsement on a single check or a joint check that has been paid by the bank upon which it was drawn; or
  • Written acknowledgment of payment given by the claimant.

See the Conditional Waiver and Release Upon Final Payment form.

Basics

Unconditional Waiver and Release Upon Final Payment

Use this form when the claimant is required to sign a waiver and release in exchange for, or in order to, induce a final payment and the claimant asserts in the waiver that he or she has received the final payment. See the Unconditional Waiver and Release Upon Final Payment form.

CAUTION

In the case of a conditional release, the release is only binding if there is evidence of payment to the claimant. Evidence of payment may be demonstrated by:

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Basics

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  • The claimant's endorsement on a single check or a joint check that has been paid by the bank upon which it was drawn; or
  • Written acknowledgment of payment given by the claimant.