Fillable Printable Conditional and Unconditional Waiver and Release Forms

Conditional and Unconditional Waiver and Release Forms

Civil Code Section 3262

General Principles:

No lien release is binding unless the claimant executes (signs) and delivers a waiver

and release.

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 home.

To be ef fective, the waiver and release forms must follow substantially one of the forms

set forth in Civil Code Section 3262. The four forms are:

• Conditional Waiver And Release Upon Progress Payment

• Unconditional Waiver And Release Upon Progress Payment

• Conditional Waiver And Release Upon Final Payment

• Unconditional Waiver And Release Upon Final Payment

These forms are binding if signed by the claimant or his or her authorized agent. The

signed form is effective to release:

• the owner;

• the construction lender; and

• the surety (in the case of a payment bond).

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:

• the claimant’s endorsement on a single check or a joint payee check which has been

paid by the bank upon which it was drawn; or

• written acknowledgment of payment given by the claimant.

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CONTRACTORS STATE LICENSE BOARD STATE OF CALIFORNIA

9821 Business Park Drive, Sacramento, CA 95827-1703 1-800-321-CSLB (2752)

Mailing Address: P.O. Box 26000, Sacramento, California 95826-0026 www.cslb.ca.gov

Conditional Waiver and Release Upon Progress Payment

Use this form when the claimant is required to execute a waiver and release in exchange for or in order to induce the

payment of a progress payment and the claimant has not been paid. This form is useful when the claimant has not

been paid yet, 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 for more information.

CONDITIONAL WAIVER AND RELEASE UPON PROGRESS PAYMENT

Civil Code Section 3262(d)(1)

Upon receipt by the undersigned of a check from________________________________________

in the sum of $____________________ payable to _____________________________________

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 notice, or bond right

the undersigned has on the job of ____________________________________________________

located at_____________________________________________________ to the following extent.

This release covers a progress payment for labor, services, equipment, or material furnished to

_____________________________________________ through __________________________

only and does not cover any retentions retained before or after the release date; extras furnished

before the release date for which payment has not been received; extras or items furnished after the

release date. Rights based upon work performed or items furnished under a written change order

which has been fully executed by the parties prior to the release date are covered by this release

unless specifically reserved by the claimant in this release. This release of any mechanic’s lien, stop

notice, or bond right shall not otherwise affect the contract rights, including rights between parties to

the contract based upon a rescission, abandonment, or breach of the contract, or the right of the

undersigned to recover compensation for furnished labor , services, equipment, or material covered by

this release if that furnished labor, services, equipment, or material was not compensated by the progress

payment.

Before any recipient of this document relies on it, said party should verify evidence of payment to the

undersigned.

Dated: ________________________ ______________________________________________

By ____________________________________________

MAKER OF CHECK

AMOUNT OF CHECK PAYEE OR PAYEES OF CHECK

OWNER

YOUR CUSTOMER DATE

COMPANY NAME

TITLE

JOB DESCRIPTION

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NOTE: This form complies with the requirements of Civil Code Section 3262(d)(1). It is to be used by a party who applies for a progress payment when

the progress check has not yet cleared the bank. This release only becomes effective when the check, properly endorsed, has cleared the bank.

Unconditional Waiver and Release Upon Progress Payment

Use this form when the claimant is required to execute a waiver and release in exchange for or in order to induce

payment of a progress payment and the claimant asserts in the waiver that he or she has in fact been paid the

progress payment. This release does not cover all items. See the “Unconditional Waiver And Release Upon Progress

Payment” form for more information.

UNCONDITIONAL WAIVER AND RELEASE UPON PROGRESS PAYMENT

Civil Code Section 3262(d)(2)

The undersigned has been paid and has received a progress payment in the sum of

$ __________ for labor, services, equipment or material furnished to ______________________

on the job of ___________________ located at _______________________________________

and does hereby release any mechanic’s lien, stop notice or bond right that the undersigned has on

the above referenced job to the following extent.

This release covers a progress payment for labor, services, equipment, or material furnished

to __________________________________ through ___________________________________