Lien Waiver Generator

5.0
Not legal advice. California statutory wording — tap for details.

This tool generates a document using California's statutory waiver wording (Cal. Civ. Code §§ 8132 / 8134 / 8136 / 8138). It does not review your contract, project, or state-specific requirements, and using it does not create an attorney–client relationship with Invoicer.ai. For high-value waivers, disputed claims, public-works projects, or projects in states with their own prescribed forms, consult a construction attorney licensed in your state before signing.

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Your Company Name

Conditional Waiver and Release on Progress Payment

Cal. Civ. Code § 8132

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: Your Company Name
Name of Customer: —
Job Location: —
Owner: —
Through Date: May 20, 2026

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 Printed Name

—

Claimant's Title

—

Date of Signature

May 20, 2026

Bill on this with Invoicer

Send the matching progress invoice the moment you deliver the waiver. Track partial payments, retention, and change orders in one place.

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Waiver Type

Built on California's strict statutory forms. All four templates reproduce Cal. Civ. Code §§ 8132 / 8134 / 8136 / 8138 verbatim — the most restrictive lien-waiver statute in the United States. A waiver that satisfies California will satisfy most other states. If your state prescribes its own statutory form (TX, FL, GA, MS, MO, NV, UT, AZ, WY), check the surrounding guide before relying on this one for that state.

Claimant Information

The claimant is the party (contractor, subcontractor, or supplier) waiving lien rights.

Company Logo

Optional. Select from Logo Maker or upload directly.

Project Information

Payment Details

Work performed and materials furnished through this date are covered by the waiver.

Check fields required by Cal. Civ. Code § 8132:

The waiver only takes effect when this check is actually paid by the bank.

Exceptions

§ 8132 automatically reserves retentions, unpaid extras, and contract rights. If you have already given a conditional progress waiver for a payment you have not yet received, list the date(s) and amount(s) below.

California allows the form to be "substantially" in statutory form. Use this only for genuine carve-outs, never to add language that materially alters the statutory waiver.

Signer Information

By Invoicer.ai Editorial · Updated May 2026 · Based on Cal. Civ. Code §§ 8132 / 8134 / 8136 / 8138 (current text from leginfo.legislature.ca.gov)

How to create a lien waiver

Four steps, about three minutes. The PDF is print-ready and uses California's strict statutory wording — the same language California courts require and that most other states accept.

  1. 01

    Pick a form

    Choose conditional vs. unconditional and progress vs. final. Conditional forms only take effect when the check actually clears; unconditional forms are enforceable the moment you sign. Final waivers release every lien right on the job; progress waivers only release rights through the Through Date you fill in.

  2. 02

    Fill in the details

    Add claimant, customer, owner, job location, and through date. Conditional waivers also need Maker of Check, Amount of Check, and Check Payable to — these are statutory fields under §§ 8132 and 8136, not optional. The preview on the right updates as you type.

  3. 03

    Download the PDF

    Review the live preview, then download a print-ready PDF on US Letter. The statutory section number is printed on the form so anyone receiving it knows exactly which California Civil Code form it follows — useful context for owners, lenders, and out-of-state generals.

  4. 04

    Sign and deliver

    Wet-sign or e-sign — electronic signatures are valid under the federal E-SIGN Act and every state's version of UETA. Then deliver to the customer or general contractor in exchange for the check (conditional) or as a receipt of payment (unconditional). Keep a signed copy for your records.

Which form do I pick?

Two questions get you to the right form. The four California Civil Code sections cover every common scenario on a private construction project.

Question 1

Is this the last payment on the job?

YESUse a final payment form. Releases all lien rights on the project.

NOUse a progress payment form. Releases lien rights only for work through the Through Date you fill in.

Question 2

Has the check actually cleared your bank?

NOUse a conditional form. Takes effect only when the bank pays the check; if the check bounces, your lien rights are intact.

YESUse an unconditional form. Enforceable the moment you sign — do not sign until you have actually been paid.

The four California forms

§ 8132

Progress + Conditional

Most common waiver on a long job. Sign at the kitchen-table draw meeting in exchange for the check.

§ 8134

Progress + Unconditional

Sign after the previous progress check cleared. Confirms you actually got the money for that period.

§ 8136

Final + Conditional

Sign in exchange for the closing check. Lien rights are released only when the bank pays it.

§ 8138

Final + Unconditional

Sign only after final payment has cleared. You're done — all lien rights on the job are released.

California's 90-day filing rule

If you've signed waivers but still aren't getting paid, you have a deadline. Under Cal. Civ. Code § 8412, a direct contractor cannot enforce a mechanics lien unless a claim of lien is recorded before the earlier of:

  • 90 days after completion of the work of improvement, OR
  • 60 days after the owner records a notice of completion or cessation.

Subcontractors get tighter deadlines (§ 8414). Miss the window and the lien is unenforceable, no matter how strong your underlying claim. If your state isn't California, look up the equivalent rule — every state has one, and most range from 60 to 120 days.

Common mistakes

Signing unconditional before the check clears. The notice on §§ 8134 / 8138 forms says it plainly: this document is enforceable even if you have not been paid. If the check bounces, the unconditional waiver still stands.

Forgetting to list exceptions. Disputed change orders, retention, and extras are not automatically reserved on every form. § 8132 / § 8134 carve out retentions and extras by default; finals only carve out "disputed claims for extras." If something is owed, write it in.

Editing the statutory wording. California requires "substantially the following form." Courts have voided waivers for material deviations. Use this tool's verbatim output rather than rewriting paragraphs.

Using a final form mid-project. A final waiver releases all lien rights on the job, including for work not yet billed. Only use a final form when the job — and the billing — is genuinely done.

Why California's forms — even outside California?

California's mechanics-lien statute is the strictest in the country. A waiver that satisfies California will satisfy most other states. Here's what that means in practice.

"Substantially the following form."California's statute says a waiver is null, void, and unenforceable unless it is "in substantially the following form." Courts have voided waivers for paragraph rewrites and missing notice text. We reproduce the statutory text verbatim — no paraphrasing.

Bold warning above the signature.Unconditional waivers (§§ 8134, 8138) require the "Notice to Claimant" to appear in at least as large a type as anything else on the form. Our PDF renders that notice in the same 16-point size as the title — a detail most free generators miss.

Notarization not required.California does not require notarization on any of the four statutory waiver forms. Most states don't either. The optional notary block exists for the rare lender or out-of-state project that requires it — leave it off unless you're specifically asked.

Electronic signatures are valid.Lien waivers can be signed electronically under California's UETA and the federal E-SIGN Act. A typed name, drawn signature, or DocuSign-style flow are all enforceable on these forms.

Nine other states prescribe their own wording

The California-strict form will usually be accepted but is not guaranteed enforceable in these states. Check your state's statute or a construction attorney before relying on this template for a project in:

Who uses this tool

Anyone with potential lien rights on a private construction project — or anyone paying someone who does.

General contractors
Issue waivers to property owners and lenders confirming payment received, and collect waivers from subs to protect against double-payment exposure.
Subcontractors
Plumbers, electricians, drywall, framers, roofers — anyone signing for progress or final payments from the GC.
Material suppliers
Lumber yards, equipment rental companies, and material vendors who deliver to a construction site and need to confirm payment.
Property owners
Homeowners and commercial owners collecting signed waivers from every contractor and supplier to keep title clear.
Construction lenders
Banks and private lenders require waivers before releasing draw funds to confirm previous payments cleared and title is unencumbered.
Design professionals
Architects, engineers, and surveyors with lienable rights in many states sign waivers when paid for design and consulting services.

Frequently asked questions

If something here doesn't answer your question, your construction attorney probably can.

What is a lien waiver?
A lien waiver is a legal document signed by a contractor, subcontractor, or material supplier (the claimant) that waives or releases their right to file a mechanic's lien against a property in exchange for payment. Lien waivers protect property owners and general contractors from double payment and help keep title clear.
Why do these forms cite California Civil Code if I'm not in California?

California's mechanics-lien statute (Civ. Code §§ 8132 / 8134 / 8136 / 8138) is the strictest in the country — California courts have voided waivers for paragraph rewrites, missing notice text, and oversized fonts in the wrong place. Building on the California-strict form means a waiver that California courts will enforce, and a waiver that most other states will also accept.

Nine other states prescribe their own statutory waiver wording. If your project is in one of these, check that state's statute before relying on this template:

Links go to official state-legislature sources where available; Justia is used for states whose official codes are behind session-based portals.

What's the difference between conditional and unconditional?
A conditional waiver only takes effect when the payment check is actually paid by the bank — so if the check bounces, your lien rights are intact. An unconditional waiver is enforceable the moment you sign it, even if you have not been paid. Best practice: use a conditional form in exchange for a check, and only sign an unconditional form after the money is in your account.
Does a lien waiver need to be notarized?
No — not on any of the four California statutory forms, and not in most other states either. The optional notary block in this tool exists for the rare lender, public-works project, or out-of-state requirement that asks for one. Leave it off unless you're specifically asked to provide a notarized waiver.
Can I sign electronically?
Yes. Electronic signatures on lien waivers are enforceable under the federal E-SIGN Act and every state's version of the Uniform Electronic Transactions Act (UETA), including California. A typed name, a drawn signature, or a DocuSign-style flow are all valid. Wet ink works too — both formats are recognized.
What happens if the check bounces?
If you signed a conditional waiver (§ 8132 or § 8136), the waiver is only effective when the check is paid by the bank. A bounced check means the waiver never took effect — your lien rights are intact. If you signed an unconditional waiver (§ 8134 or § 8138) and the check bounces, the waiver is still enforceable against you and you've given up your lien rights anyway. This is exactly why conditional forms exist.
Can I list disputed claims or exceptions?
Yes — and you usually should. Each form has a statutory Exceptions section: progress waivers automatically reserve retentions, unpaid extras, and contract rights; final waivers reserve only "disputed claims for extras." If you have pending change orders or unpaid extras, list them and the dollar amount. The "Additional exceptions" field lets you reserve anything else specific to your project.
Who keeps the original signed waiver?
The paying party (owner, general contractor, or lender) keeps the original to prove they got a release of lien rights. Always keep a signed copy for your own records too — it's evidence of what you waived and what you reserved. Many lenders require a stack of signed waivers before releasing the next draw, so keep them organized by job and payment period.
Is this lien waiver generator free?
Yes. Unlimited waivers, no signup, no watermark, commercial use allowed. The tool is built and maintained by Invoicer.ai — if you want to send the matching progress invoice when you deliver the waiver, you can do that with the Invoicer app.
Learn more: How to Invoice a Client for the First Time