Conditional and Unconditional Waiver and Release Forms
Conditional and Unconditional Waiver and Release Forms
Civil Code Section 3262
General Principles:
No lien release is binding unless the claimant executes (signs) and delivers a waiver
and release.
Be careful: paying your contractor (and/or getting a release from your contractor) does
not guarantee that other claimants, like subcontractors and suppliers, are paid. A claimant
is a person who, if not paid, can file a lien on your home.
To be ef fective, the waiver and release forms must follow substantially one of the forms
set forth in Civil Code Section 3262. The four forms are:
• Conditional Waiver And Release Upon Progress Payment
• Unconditional Waiver And Release Upon Progress Payment
• Conditional Waiver And Release Upon Final Payment
• Unconditional Waiver And Release Upon Final Payment
These forms are binding if signed by the claimant or his or her authorized agent. The
signed form is effective to release:
• the owner;
• the construction lender; and
• the surety (in the case of a payment bond).
Caution: in the case of a conditional release, the release is only binding if there is
evidence of payment to the claimant. Evidence of payment may be demonstrated by:
• the claimant’s endorsement on a single check or a joint payee check which has been
paid by the bank upon which it was drawn; or
• written acknowledgment of payment given by the claimant.
7/04
CONTRACTORS STATE LICENSE BOARD STATE OF CALIFORNIA
9821 Business Park Drive, Sacramento, CA 95827-1703 1-800-321-CSLB (2752)
Mailing Address: P.O. Box 26000, Sacramento, California 95826-0026 www.cslb.ca.gov
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