- New California Waiver Templates effective: 7/1/12
- Unconditional Waiver and Release Upon Final Payment
- Unconditional Waiver and Release Upon Progress Payment
- Conditional Waiver and Release Upon Final Payment
- Conditional Waiver and Release Upon Progress Payment
The original contractor may not waive the lien on behalf of subcontractors or materialmen.
- Waiver of lien rights is permitted provided that the release follows substantially one of the forms set forth in CA 3262 and is signed by the claimant or his or her authorized agent, and, in the case of a conditional release, there is evidence of payment to the claimant. Evidence of payment may be by the claimant's endorsement on a single or joint payee check that has been paid by the bank upon which it was drawn or by written acknowledgment of payment given by the claimant.
- Pay-if-paid clauses are not enforceable in California.
- “Pay when Paid” not enforceable in California
- Pay-when-paid clause in the subcontract did not create a condition precedent to payment.