California law (Civil Code §§8132-8138) prescribes four forms, reproduced here word for word. A waiver that does not substantially follow the statutory form is null, void, and unenforceable. Pick your situation:
Two questions. Is this the last payment on the job? If no, use a progress form; if yes, a final form. Has the payment actually cleared your bank? If no, use a conditional form; if yes, an unconditional one. Signing an unconditional form before the money has cleared is the most common — and most expensive — mistake.
For a progress payment, California Civil Code prescribes the Conditional Waiver and Release on Progress Payment (§8132) if the payment has not cleared yet, and the Unconditional Waiver and Release on Progress Payment (§8134) once the payment has actually been received. Signing the §8134 form before being paid releases your lien rights anyway.
For the final payment on a project, California Civil Code prescribes the Conditional Waiver and Release on Final Payment (§8136) if the final payment has not cleared, and the Unconditional Waiver and Release on Final Payment (§8138) once it has been received. The final forms release all lien rights on the project, not just one payment period.
No. California Civil Code §§8132-8138 prescribe the exact text of the four waiver forms but impose no notarization or witness requirement: the signature of the claimant or its authorized agent is enough. A notary stamp is not part of any of the four statutory forms and does not affect their validity.
A California lien waiver must be in substantially one of the four forms set out in Civil Code §§8132-8138. The statute states that a waiver and release is null, void, and unenforceable unless it substantially follows the prescribed form. Altering the statutory text or using a generic form can make the waiver unenforceable.
Each California statutory form carves out exceptions printed on the form itself: retentions, extras for which the claimant has not been paid, and certain contract rights such as stop payment notices, prompt payment penalties, and arbitration rights are not released. These exceptions are part of the statutory text of Civil Code §§8132-8138.
Statutory forms for nearby states: Arizona and Nevada; generic template for Oregon. ← Back to all states · Which states require a statutory lien waiver form? (reference table)
This tool is not a law firm and does not provide legal advice. Statutory text verified 2026-09-07 against the California Legislative Information site. Not a substitute for a licensed California attorney.