California Conditional Waiver and Release Upon Progress Payment
The California statutory conditional lien waiver for progress payments. Effective only when the check clears. Required form under California Civil Code §8132 -- fill and sign free, no account needed.
When to use this form
Use the conditional progress waiver when you receive a progress payment check but before you have confirmed the funds cleared your bank account. Under California Civil Code §8132, a conditional waiver upon progress payment becomes effective only upon the maker's payment of the check in the amount stated. This protects the claimant: if the check bounces or is stopped, the lien rights are preserved.
This form waives lien rights only through the date and for the amount stated -- not for the entire project. You will need a separate waiver for each subsequent progress payment and a final waiver when the project is complete.
California mandates this exact form under Civil Code §8132. Using a non-statutory form, an out-of-state form, or an internally drafted waiver is unenforceable as a lien waiver in California courts.
Key fields
- ✓ Claimant name
- ✓ Customer name
- ✓ Job location
- ✓ Owner name
- ✓ Check amount
- ✓ Through date
- ✓ Exceptions (if any)
- ✓ Claimant signature
Frequently asked questions
- Does this waiver need to be notarized?
- No. California Civil Code §8132 does not require notarization. The claimant's signature is sufficient.
- What happens if the check bounces after I sign?
- Because this is a conditional waiver, lien rights are preserved if the check does not clear. The waiver becomes effective only upon actual payment of the check amount.
- Can I list exceptions on the conditional progress waiver?
- Yes. The statutory form includes a field for "Exceptions." List any amounts disputed or not included in this payment (e.g., a retention amount being withheld) to preserve lien rights for those items.