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HomeCivil CodeDiv. 4Pt. 6Ch. 3§ 8124 Lien Waiver Release Requirements

§ 8124 Lien Waiver Release Requirements

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

§ 8124 Lien Waiver Release Requirements

Key Takeaways

  • •If you sign a paper saying you give up your right to ask for money (like for work you did), it doesn’t always mean you can’t ask for that money later.
  • •The paper you sign must look like the official form in the law.
  • •If the paper says you’ll only give up your right to ask for money after you get paid, you have to show proof you actually got the money. This can be your signature on a check that was cashed or a note from you saying you were paid.

Example

You work on building a house and sign a paper saying you won’t ask for more money after you get paid. But the person who hired you doesn’t pay you.

Even if you signed the paper, you can still ask for your money because you didn’t get paid. The paper only works if you actually got the money and there’s proof, like a cashed check with your signature.

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

Official Source
View on CA.gov

§ 8124 Lien Waiver Release Requirements

A claimant’s waiver and release does not release the owner, construction lender, or surety on a payment bond from a lien or claim unless both of the following conditions are satisfied: (a) The waiver and release is in substantially the form provided in this article and is signed by the claimant. (b) If the release is a conditional release, there is evidence of payment to the claimant. Evidence of payment may be either of the following: (1) The claimant’s endorsement on a single or joint payee check that has been paid by the financial institution on which it was drawn. (2) Written acknowledgment of payment by the claimant. (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

waiver and releaseconditional releaseevidence of paymentclaimantpayment bond

Related Statutes

  • § 8136 Final Payment Waiver Rules
  • § 8122 Contract Claimant Rights Protection
  • § 8126 Lien Waiver Void Without Payment
  • § 8128 Stop Payment Notice Release
  • § 8132 Progress Payment Waiver Rules

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Civil Code. Section 8124.
View Official Source