◆ California lien waivers
California is a strict-form state: a lien waiver is only valid if it uses the exact statutory language in Civil Code §§ 8132–8138. BIDGRIT generates all four forms with the correct language, pre-filled from your project, so a waiver you exchange for payment actually holds up.
Generate a lien waiver →California recognizes exactly four lien waiver and release forms. Which one you use depends on two questions: is this a progress payment or the final payment, and is the waiver conditional (effective only once payment clears) or unconditional (effective immediately on signing)?
Give this when you are being paid for a progress billing and the payment has not yet cleared. It releases lien rights only when the payment is actually received. The safe default to hand over in exchange for a check.
Give this only after a progress payment has actually cleared. It releases lien rights immediately and unconditionally, so never sign it before the money is in the bank.
Give this with your final invoice when final payment has not yet cleared. Releases all remaining lien rights once that final payment is received.
Give this only after final payment has cleared. It releases all lien rights on the project with no conditions — the last document in the payment chain.
Under Civil Code § 8122, a waiver that does not follow the statutory form is unenforceable — you cannot alter or waive these forms by contract. A homeowner who collects a hand-edited or generic "lien release" may find it provides no protection; a subcontractor who signs an unconditional waiver before payment clears can lose lien rights with nothing to show for it. Using the correct statutory form, at the correct point in the payment cycle, is the entire point.
A conditional waiver releases lien rights only once payment is actually received — it is safe to sign in exchange for a check that has not yet cleared. An unconditional waiver releases lien rights immediately on signing, regardless of whether payment clears, so it should only ever be signed after the payment has been received and cleared.
Match two things: the payment stage and the condition. Progress payment not yet cleared → Conditional Progress (§ 8132). Progress payment cleared → Unconditional Progress (§ 8134). Final payment not yet cleared → Conditional Final (§ 8136). Final payment cleared → Unconditional Final (§ 8138).
No. California Civil Code § 8122 makes the statutory forms in §§ 8132–8138 mandatory and prohibits waiving or altering them by contract. A waiver that does not use the exact statutory language is not enforceable.
Built into every BIDGRIT § 7159 contract flow
Generate a lien waiver →This page is general information for California contractors, not legal advice. Statutory requirements and local amendments change — confirm specifics with the relevant authority (CSLB, your building department, or counsel) for your project.