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California Civil Code Section 8132

Legal Research Home > California Laws > Civil Code > California Civil Code Section 8132

8132.  If a claimant is required to execute a waiver and release in
exchange for, or in order to induce payment of, a progress payment
and the claimant is not, in fact, paid in exchange for the waiver and
release or a single payee check or joint payee check is given in
exchange for the waiver and release, the waiver and release shall be
null, void, and unenforceable unless it is in substantially the
following form:


   CONDITIONAL
   WAIVER AND
   RELEASE ON
    PROGRESS
     PAYMENT
  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:___
  Name of
  Customer:___
  Job
  Location:___
  Owner:______
  Through
  Date:_______
  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
  Title:______
  Date of
  Signature:__

Last modified: February 22, 2013