When to use this form

Use the unconditional progress waiver only after you have confirmed that the progress payment check has cleared your bank account and the funds are available. Under California Civil Code §8134, the unconditional waiver is effective immediately upon signing -- there is no condition on payment. Signing before payment clears surrenders your lien rights regardless of whether you are paid.

An owner or GC may request an unconditional waiver in exchange for releasing a payment. If asked to sign an unconditional waiver before receiving payment or before the check clears, you should instead request to use the conditional form (CC §8132) until the funds clear.

This form waives lien rights only through the date stated for the amount stated -- it does not cover the full project. A final unconditional waiver (CC §8138) is required at project completion.

Key fields

• ✓ Claimant name
• ✓ Customer name
• ✓ Job location
• ✓ Owner name
• ✓ Amount paid
• ✓ Through date
• ✓ Exceptions (if any)
• ✓ Claimant signature

Frequently asked questions

What makes this waiver unconditional?

The Civil Code §8134 form contains no condition on receipt of payment. Lien rights are waived the moment you sign, regardless of whether the payment clears.

Can I get my lien rights back if I sign an unconditional waiver and am not paid?

Generally no. An unconditional waiver is very difficult to void once signed. This is why you should use a conditional waiver (CC §8132) until payment has cleared, and only exchange it for an unconditional waiver after confirming funds.