8120-8138
CIVIL CODE
SECTION 8120-8138
8120. The provisions of this chapter apply to a work of improvement
governed by this part.
8122. An owner, direct contractor, or subcontractor may not, by
contract or otherwise, waive, affect, or impair any other claimant's
rights under this part, whether with or without notice, and any term
of a contract that purports to do so is void and unenforceable unless
and until the claimant executes and delivers a waiver and release
under this article.
8124. A claimant's waiver and release does not release the owner,
construction lender, or surety on a payment bond from a lien or claim
unless both of the following conditions are satisfied:
(a) The waiver and release is in substantially the form provided
in this article and is signed by the claimant.
(b) If the release is a conditional release, there is evidence of
payment to the claimant. Evidence of payment may be either of the
following:
(1) The claimant's endorsement on a single or joint payee check
that has been paid by the financial institution on which it was
drawn.
(2) Written acknowledgment of payment by the claimant.
8126. An oral or written statement purporting to waive, release,
impair or otherwise adversely affect a lien or claim is void and
unenforceable and does not create an estoppel or impairment of the
lien or claim unless either of the following conditions is satisfied:
(a) The statement is pursuant to a waiver and release under this
article.
(b) The claimant has actually received payment in full for the
claim.
8128. (a) A claimant may reduce the amount of, or release in its
entirety, a stop payment notice. The reduction or release shall be in
writing and may be given in a form other than a waiver and release
form provided in this article.
(b) The writing shall identify whether it is a reduction of the
amount of the stop payment notice, or a release of the notice in its
entirety. If the writing is a reduction, it shall state the amount of
the reduction, and the amount to remain withheld after the
reduction.
(c) A claimant's reduction or release of a stop payment notice has
the following effect:
(1) The reduction or release releases the claimant's right to
enforce payment of the claim stated in the notice to the extent of
the reduction or release.
(2) The reduction or release releases the person given the notice
from the obligation to withhold funds pursuant to the notice to the
extent of the reduction or release.
(3) The reduction or release does not preclude the claimant from
giving a subsequent stop payment notice that is timely and proper.
(4) The reduction or release does not release any right of the
claimant other than the right to enforce payment of the claim stated
in the stop payment notice to the extent of the reduction or release.
8130. This article does not affect the enforceability of either an
accord and satisfaction concerning a good faith dispute or an
agreement made in settlement of an action pending in court if the
accord and satisfaction or agreement and settlement make specific
reference to the lien or claim.
8132. If a claimant is required to execute a waiver and release in
exchange for, or in order to induce payment of, a progress payment
and the claimant is not, in fact, paid in exchange for the waiver and
release or a single payee check or joint payee check is given in
exchange for the waiver and release, the waiver and release shall be
null, void, and unenforceable unless it is in substantially the
following form:
CONDITIONAL
WAIVER AND
RELEASE ON
PROGRESS
PAYMENT
NOTICE:
THIS
DOCUMENT
WAIVES THE
CLAIMANT'S
LIEN, STOP
PAYMENT
NOTICE, AND
PAYMENT
BOND RIGHTS
EFFECTIVE
ON RECEIPT
OF PAYMENT.
A PERSON
SHOULD NOT
RELY ON
THIS
DOCUMENT
UNLESS
SATISFIED
THAT THE
CLAIMANT
HAS
RECEIVED
PAYMENT.
Identifying
Information
Name of
Claimant:___
Name of
Customer:___
Job
Location:___
Owner:______
Through
Date:_______
Conditional
Waiver and
Release
This
document
waives and
releases
lien, stop
payment
notice, and
payment
bond rights
the
claimant
has for
labor and
service
provided,
and
equipment
and
material
delivered,
to the
customer on
this job
through the
Through
Date of
this
document.
Rights
based
upon labor
or service
provided,
or
equipment
or material
delivered,
pursuant to
a written
change
order that
has been
fully
executed by
the parties
prior to
the date
that this
document is
signed by
the
claimant,
are waived
and
released by
this
document,
unless
listed as
an
Exception
below. This
document is
effective
only on the
claimant's
receipt of
payment
from the
financial
institution
on which
the
following
check is
drawn:
Maker of
Check:______
Amount of
Check: $____
Check
Payable to:_
Exceptions
This
document
does not
affect any
of the
following:
(1)
Retentions.
(2)
Extras for
which the
claimant
has not
received
payment.
(3) The
following
progress
payments
for which
the
claimant
has
previously
given a
conditional
waiver and
release but
has not
received
payment:
Date(s) of
waiver and
release:____
Amount(s)
of unpaid
progress
payment(s):
$___________
(4)
Contract
rights,
including
(A) a right
based on
rescission,
abandonment,
or breach
of
contract,
and (B) the
right to
recover
compensation
for work
not
compensated
by the
payment.
Signature
Claimant's
Signature:__
Claimant's
Title:______
Date of
Signature:__
8134. If the claimant is required to execute a waiver and release
in exchange for, or in order to induce payment of, a progress payment
and the claimant asserts in the waiver that the claimant has, in
fact, been paid the progress payment, the waiver and release shall be
null, void, and unenforceable unless it is in substantially the
following form, with the text of the "Notice to Claimant" in at least
as large a type as the largest type otherwise in the form:
UNCONDITIONAL
WAIVER AND
RELEASE ON
PROGRESS
PAYMENT
NOTICE TO
CLAIMANT: THIS
DOCUMENT
WAIVES AND
RELEASES LIEN,
STOP PAYMENT
NOTICE, AND
PAYMENT BOND
RIGHTS
UNCONDITIONALLY
AND STATES
THAT YOU HAVE
BEEN PAID FOR
GIVING UP
THOSE RIGHTS.
THIS DOCUMENT
IS ENFORCEABLE
AGAINST YOU IF
YOU SIGN IT,
EVEN IF YOU
HAVE NOT BEEN
PAID. IF YOU
HAVE NOT BEEN
PAID, USE A
CONDITIONAL
WAIVER AND
RELEASE FORM.
Identifying
Information
Name of
Claimant:______
Name of
Customer:______
Job Location:__
Owner:_________
Through Date:__
Unconditional
Waiver and
Release
This document
waives and
releases lien,
stop payment
notice, and
payment bond
rights the
claimant has
for labor and
service
provided, and
equipment and
material
delivered, to
the customer
on this job
through the
Through Date
of this
document.
Rights based
upon labor or
service
provided, or
equipment or
material
delivered,
pursuant to a
written change
order that has
been fully
executed by
the parties
prior to the
date that this
document is
signed by the
claimant, are
waived and
released by
this document,
unless listed
as an
Exception
below. The
claimant has
received the
following
progress
payment: $_____
Exceptions
This document
does not
affect any of
the following:
(1) Retentions.
(2) Extras for
which the
claimant has
not received
payment.
(3) Contract
rights,
including (A)
a right based
on rescission,
abandonment,
or breach of
contract, and
(B) the right
to recover
compensation
for work not
compensated by
the payment.
Signature
Claimant's
Signature:_____
Claimant's
Title:_________
Date of
Signature:_____
8136. If the claimant is required to execute a waiver and release
in exchange for, or in order to induce payment of, a final payment
and the claimant is not, in fact, paid in exchange for the waiver and
release or a single payee check or joint payee check is given in
exchange for the waiver and release, the waiver and release shall be
null, void, and unenforceable unless it is in substantially the
following form:
CONDITIONAL
WAIVER AND
RELEASE ON
FINAL
PAYMENT
NOTICE:
THIS
DOCUMENT
WAIVES THE
CLAIMANT'S
LIEN, STOP
PAYMENT
NOTICE,
AND
PAYMENT
BOND
RIGHTS
EFFECTIVE
ON RECEIPT
OF
PAYMENT. A
PERSON
SHOULD NOT
RELY ON
THIS
DOCUMENT
UNLESS
SATISFIED
THAT THE
CLAIMANT
HAS
RECEIVED
PAYMENT.
Identifying
Information
Name of
Claimant:__
Name of
Customer:__
Job
Location:__
Owner:_____
Conditional
Waiver and
Release
This
document
waives and
releases
lien, stop
payment
notice,
and
payment
bond
rights the
claimant
has for
labor and
service
provided,
and
equipment
and
material
delivered,
to the
customer
on this
job.
Rights
based upon
labor or
service
provided,
or
equipment
or
material
delivered,
pursuant
to a
written
change
order that
has been
fully
executed
by
the
parties
prior to
the date
that this
document
is signed
by the
claimant,
are waived
and
released
by this
document,
unless
listed as
an
Exception
below.
This
document
is
effective
only on
the
claimant's
receipt of
payment
from the
financial
institution
on which
the
following
check is
drawn:
Maker of
Check:_____
Amount of
Check: $___
Check
Payable
to:________
Exceptions
This
document
does not
affect any
of the
following:
Disputed
claims for
extras in
the amount
of: $ _____
Signature
Claimant's
Signature:_
Claimant's
Title:_____
Date of
Signature:_
8138. If the claimant is required to execute a waiver and release
in exchange for, or in order to induce payment of, a final payment
and the claimant asserts in the waiver that the claimant has, in
fact, been paid the final payment, the waiver and release shall be
null, void, and unenforceable unless it is in substantially the
following form, with the text of the "Notice to Claimant" in at least
as large a type as the largest type otherwise in the form:
UNCONDITIONAL
WAIVER AND
RELEASE ON
FINAL PAYMENT
NOTICE TO
CLAIMANT: THIS
DOCUMENT
WAIVES AND
RELEASES LIEN,
STOP PAYMENT
NOTICE, AND
PAYMENT BOND
RIGHTS
UNCONDITIONALLY
AND STATES
THAT YOU
HAVE BEEN PAID
FOR GIVING UP
THOSE RIGHTS.
THIS DOCUMENT
IS ENFORCEABLE
AGAINST YOU IF
YOU SIGN IT,
EVEN IF YOU
HAVE NOT BEEN
PAID. IF YOU
HAVE NOT BEEN
PAID, USE A
CONDITIONAL
WAIVER AND
RELEASE FORM.
Identifying
Information
Name of
Claimant:______
Name of
Customer:______
Job Location:__
Owner:_________
Unconditional
Waiver and
Release
This document
waives and
releases lien,
stop payment
notice, and
payment bond
rights the
claimant has
for all labor
and service
provided, and
equipment and
material
delivered, to
the customer
on
this job.
Rights based
upon labor or
service
provided, or
equipment or
material
delivered,
pursuant to a
written change
order that has
been fully
executed by
the parties
prior to the
date that this
document is
signed by the
claimant, are
waived and
released by
this document,
unless listed
as an
Exception
below. The
claimant has
been paid in
full.
Exceptions
This document
does not
affect the
following:
Disputed
claims for
extras in the
amount of: $ __
Signature
Claimant's
Signature:_____
Claimant's
Title:_________
Date of
Signature:_____