California Conditional Waiver and Release Upon Final Payment
The California statutory conditional lien waiver for final payment. Waives all lien rights upon receipt of final payment -- effective only when the check clears. Required form under California Civil Code §8136.
When to use this form
Use the conditional final waiver when you receive the final payment check for a project, before confirming that the funds have cleared. Under California Civil Code §8136, this form releases all lien rights for the entire project, conditioned on actual receipt and clearance of the final payment. If the final check does not clear, your lien rights are preserved for the full outstanding balance.
This is the most consequential lien waiver you will sign on a project because it covers all work, not just a portion. Before executing this form, verify that you have received all change order payments, that retention has been released, and that no disputed amounts remain outstanding. List any exceptions in the form's exceptions field before signing.
After the final check clears, exchange this conditional waiver for an unconditional final waiver (CC §8138) if requested by the owner or GC.
Key fields
- ✓ Claimant name
- ✓ Customer name
- ✓ Job location
- ✓ Owner name
- ✓ Check amount
- ✓ Exceptions (if any)
- ✓ Claimant signature
Frequently asked questions
- Does a conditional final waiver release all prior claims?
- Yes, unless you list exceptions. The CC §8136 form releases all lien rights for the entire project upon final payment. List any disputed amounts or outstanding change orders in the exceptions field before signing.
- Should I sign a conditional or unconditional final waiver first?
- Sign the conditional final waiver (CC §8136) when you receive the final check. After the check clears and funds are confirmed, you can then provide the unconditional final waiver (CC §8138) if required.