California lien waivers

California lien waiver forms and rules

California lien waivers are governed by Cal. Civ. Code §§8120–8138 (forms at §§8132, 8134, 8136, 8138), which sets out 4 statutory waiver forms. A waiver that does not substantially follow the statutory form is unenforceable, so California contractors must use the statutory wording.

Last updated October 21, 2026 · By the Aequo AP construction team

California lien waiver key facts
	California
Statute	Cal. Civ. Code §§8120–8138 (forms at §§8132, 8134, 8136, 8138)
Statutory form	Required. Mandatory. Each waiver is null, void and unenforceable unless it is in substantially the statutory form and signed by the claimant.
Conditional and unconditional versions	Yes, separate statutory forms
Notarization	Not addressed by the statute; the forms require a signature, title and date.
Scope	Applies to works of improvement governed by Part 6 of the Civil Code; the forms waive lien, stop payment notice and payment bond rights.
Current version	Enacted by SB 189 (Stats. 2010, ch. 697), operative July 1, 2012.
Checked against the statute	2026-10-21

What are the California statutory lien waiver forms?

Cal. Civ. Code §§8120–8138 (forms at §§8132, 8134, 8136, 8138) provides: Conditional Waiver and Release on Progress Payment (§8132); Unconditional Waiver and Release on Progress Payment (§8134); Conditional Waiver and Release on Final Payment (§8136); Unconditional Waiver and Release on Final Payment (§8138).

Copy the wording from the statute itself (linked in Sources) or from the official versions published by Contractors State License Board — conditional and unconditional waiver and release forms. Do not retype the form from a third-party summary: in a mandatory-form state a missing notice or changed sentence can matter.

Use the conditional form to get paid and the unconditional form only after the funds clear. See conditional vs unconditional lien waivers and final lien waivers.

Is the statutory form required in California?

Mandatory. Each waiver is null, void and unenforceable unless it is in substantially the statutory form and signed by the claimant.

“shall be null, void, and unenforceable unless it is in substantially the following form”
Cal. Civ. Code §§8120–8138 (forms at §§8132, 8134, 8136, 8138)

Key California lien waiver rules

A conditional waiver is effective only on the claimant’s receipt of payment; evidence of payment is the claimant’s endorsement on a check paid by the bank, or the claimant’s written acknowledgment of payment (§8124).

Unconditional forms must carry the notice “THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID,” in type at least as large as the largest on the form.
Any other oral or written waiver is void and unenforceable unless the claimant has actually received payment in full (§8126).
No one may waive or impair another claimant’s rights by contract; such a term is void until the claimant executes and delivers a statutory waiver (§8122).
Notarization: Not addressed by the statute; the forms require a signature, title and date.

How should a general contractor handle California waivers in AP?

Attach the right California form to each subcontractor payment, collect it before the payment is released, and file it against that payment so it can be produced on request.

The form depends on where the project is, not where the subcontractor is based. The collection workflow guide shows how to tie waivers to payments, and the lien-waiver risk assessment scores your current controls. Other state guides: Arizona, Florida, Georgia, Texas, or the full state-by-state table.

Frequently asked questions

Does California have a statutory lien waiver form?

Yes. Cal. Civ. Code §§8120–8138 (forms at §§8132, 8134, 8136, 8138) sets out: Conditional Waiver and Release on Progress Payment (§8132); Unconditional Waiver and Release on Progress Payment (§8134); Conditional Waiver and Release on Final Payment (§8136); Unconditional Waiver and Release on Final Payment (§8138). Mandatory. Each waiver is null, void and unenforceable unless it is in substantially the statutory form and signed by the claimant.

Do California lien waivers need to be notarized?

Not addressed by the statute; the forms require a signature, title and date.

Can I use a generic lien waiver in California?

Not safely. In California, a waiver that does not substantially follow the statutory form is unenforceable, so a generic form may give the payer no protection. Use the statutory wording.

When does a California conditional waiver take effect?

Only when there is evidence the claimant was paid: the claimant’s endorsement on a check that the bank has paid, or the claimant’s written acknowledgment of payment.

Aequo Build

Stop paying subs before the waiver is in.

With waiver enforcement on, Aequo Build creates a conditional waiver requirement for each subcontractor payment you make from Aequo, holds that payment until a reviewer verifies the waiver or an approver records a reasoned override, escalates overdue requests to the subcontractor and your team, and requests the unconditional waiver once the invoice is paid. It works with QuickBooks Online.

Start an Aequo Build trial Book a construction walkthrough

What is a lien waiver?The complete guide: the four types, how the exchange works, and common mistakes.Conditional vs unconditional lien waiversSide-by-side comparison and when each one is safe to sign.Final lien waiversWhat a final waiver covers, and how it ties to retention and closeout.Construction lien releaseHow a recorded mechanic’s lien is released, and how it differs from a waiver.Lien waiver forms by stateStates with statutory waiver forms, with statute citations and links.Free lien waiver templatesPrintable conditional and unconditional, progress and final waivers.Collecting waivers before paying subsThe general contractor workflow, and how Aequo Build runs it.Lien-waiver risk assessmentScore your waiver controls in five questions and find the weakest one.Construction AP knowledge centreGuides, benchmarks, and tools for contractor payables.

Sources

Primary sources checked on October 21, 2026. Statutes change; always confirm against the current text.