Unconditional Waiver and Release on Progress Payment (Mechanics Liens) (CA)

by Garret D. Murai, Nomos LLP, with Practical Law Real Estate

An unconditional waiver and release on progress payment intended for use by a claimant on public and private construction projects in California after receiving a progress payment. This form waives and releases the claimant's mechanics lien, stop payment notice, and payment bond rights for labor, services, and materials provided through a specified date. It is critical for parties to understand that this document is enforceable on signature, even if payment has not cleared, and should only be used after payment is received. To be valid, the waiver and release must be in substantially the form prescribed by the California Civil Code, particularly Section 8134. This document also identifies key exceptions that are not waived by the release, such as retentions and extras for which payment has not been received and clarifies that certain contract rights are unaffected. This Standard Document contains integrated notes with important explanations and drafting tips.