LawWiki
HomeCodesSearchGlossaryAPIAbout
LawWiki

Plain English summaries of California law with zero-hallucination AI. Every summary is verified against official source text.

Product

  • Search
  • Codes
  • About

Legal

  • Privacy Policy
  • Terms of Service
  • Disclaimer

© 2026 LawWiki. All rights reserved.

HomeCivil CodeDiv. 4Pt. 6Ch. 3§ 8126 Lien Waiver Void Without Payment

§ 8126 Lien Waiver Void Without Payment

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

§ 8126 Lien Waiver Void Without Payment

Key Takeaways

  • •You can't just say or write that you give up your right to get paid for work you did—it doesn’t count unless you follow the rules.
  • •The only way to really give up your right to payment is if you sign a special form that follows the law.
  • •If you’ve already been paid in full for the work, then you can’t ask for more money later.

Example

A contractor fixes your roof but asks you to sign a paper saying you won’t pay them, even though they haven’t been paid yet.

That paper doesn’t mean anything unless the contractor uses the special form required by law or you’ve already paid them in full. They can still ask for their money.

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

Official Source
View on CA.gov

§ 8126 Lien Waiver Void Without Payment

An oral or written statement purporting to waive, release, impair or otherwise adversely affect a lien or claim is void and unenforceable and does not create an estoppel or impairment of the lien or claim unless either of the following conditions is satisfied: (a) The statement is pursuant to a waiver and release under this article. (b) The claimant has actually received payment in full for the claim. (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

waivereleaseimpairadversely affectlienclaimwaiver and releasepayment in full

Related Statutes

  • § 8122 Contract Claimant Rights Protection
  • § 8134 Progress Payment Waiver Rules
  • § 8424 Lien Release Bond Requirements
  • § 8484 Lien Release Petition Requirements
  • § 1812.511 Employment Counseling Contract Requirements

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Civil Code. Section 8126.
View Official Source