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California Lien Waiver Guide

California requires statutory lien waiver forms. Non-compliant waivers may be void and unenforceable.

Key Information

Waiver Type

Statutory

Filing Deadline

90 days from completion or notice of completion (30 days for subcontractors if notice of completion recorded)

Notice Requirements

Preliminary 20-day notice required for all claimants (except laborers). Must be served within 20 days of first furnishing.

Key Statutes

Cal. Civ. Code §8132-8138 (waiver forms); §8200-8214 (mechanics liens)

Waiver Types in California

Conditional Waiver on Progress PaymentRequired

Waives lien rights for a specific progress payment, but only upon actual receipt of payment. Protects the claimant if the check bounces or payment fails.

Unconditional Waiver on Progress PaymentRequired

Immediately and unconditionally waives lien rights for a specific progress payment amount, regardless of whether payment has actually been received.

Conditional Waiver on Final PaymentRequired

Waives all lien rights upon receipt of the final payment. The waiver is conditioned on actual receipt of the specified final payment amount.

Unconditional Waiver on Final PaymentRequired

Immediately and unconditionally waives all lien rights. This is the most comprehensive waiver and should only be signed after final payment is confirmed in your account.

California Lien Waiver Rules

California strictly requires statutory waiver forms. Any waiver not in substantial compliance with Civil Code §8132-8138 is void and unenforceable. Four mandatory forms exist. Oral or informal waivers are not recognized. The conditional forms become effective only upon payment. This is one of the most regulated states for lien waivers.

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