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HomeCivil CodeDiv. 4Pt. 6Ch. 3§ 8122 Contract Claimant Rights Protection

§ 8122 Contract Claimant Rights Protection

Civil Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 8122 Contract Claimant Rights Protection

Key Takeaways

  • •You can't take away someone's rights to claim money they're owed for work, even if you write it in a contract.
  • •If a contract tries to do this, that part of the contract doesn't count and won't be followed.
  • •The only way to give up these rights is if the person owing the money signs a special paper saying they don't want the money anymore.

Example

A construction worker is hired to build a house. The contract says that if the worker gets hurt, they can't ask for money to help pay for their injuries.

This part of the contract isn't allowed. The worker can still ask for money if they get hurt. The only way the worker can give up this right is if they sign a special paper saying they don't want the money.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 8122 Contract Claimant Rights Protection

An owner, direct contractor, or subcontractor may not, by contract or otherwise, waive, affect, or impair any other claimant’s rights under this part, whether with or without notice, and any term of a contract that purports to do so is void and unenforceable unless and until the claimant executes and delivers a waiver and release under this article. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)

Last verified: January 21, 2026

Key Terms

waiveclaimant’s rightsvoid and unenforceablewaiver and release

Related Statutes

  • § 8126 Lien Waiver Void Without Payment
  • § 8124 Lien Waiver Release Requirements
  • § 8132 Progress Payment Waiver Rules
  • § 8134 Progress Payment Waiver Rules
  • § 8136 Final Payment Waiver Rules

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Civil Code. Section 8122.
View Official Source