When to use this form

Use the unconditional final waiver only after your final payment check has cleared and the funds are confirmed in your bank account. Under California Civil Code §8138, this form releases all lien rights for the entire project, effective immediately upon signing. There is no condition on payment -- signing surrenders all lien rights regardless of whether payment has actually been received.

This is the most final document you can sign on a construction project. Once you execute an unconditional final waiver, you generally cannot file a mechanics lien for any amount on the project, even if disputes arise later about change orders or retainage. Before signing, confirm all of the following: final payment has cleared, all change orders have been paid, retention has been released, and no disputed amounts remain.

If you have not yet received payment or the check has not cleared, use the conditional final waiver (CC §8136) instead.

Key fields

• ✓ Claimant name
• ✓ Customer name
• ✓ Job location
• ✓ Owner name
• ✓ Amount paid
• ✓ Claimant signature

Frequently asked questions

What happens if I sign an unconditional final waiver and am not fully paid?

You generally lose the right to file a mechanics lien for the unpaid amount. You may still have breach-of-contract claims, but the lien remedy -- which is often the most powerful leverage in a payment dispute -- is gone. Never sign an unconditional final waiver until all funds have cleared.

Can I include exceptions on an unconditional final waiver?

The CC §8138 statutory form does not include an exceptions field, unlike the conditional forms. If you have disputed amounts, resolve them before signing or use the conditional form (CC §8136) until disputes are settled.