StatutoryDesk / State Statutory Rules / California Statutory Lien Waiver Forms (Civil Code §§ 8132 to 8138)
California Statutory Lien Waiver Forms (Civil Code §§ 8132 to 8138)
What are the statutory lien waiver rules in California?
California requires strict statutory lien waiver forms under Civil Code §§ 8132 to 8138. Any waiver not substantially in the statutory form is null and void under § 8122. Unconditional waivers (§ 8134 and § 8138) must include the statutory Notice to Claimant in at least 12-point to 16-point boldface type.
California Civil Code § 8122 voids any owner or general contractor attempt to waive mechanic's lien, stop payment notice, or payment bond rights outside the four statutory forms in §§ 8132 through 8138.
Statutory rules at a glance in California
| Rule | Statutory Requirement |
|---|---|
| Governing statute | California Civil Code §§ 8122 to 8138 |
| Mandatory forms | Conditional Progress (§ 8132), Unconditional Progress (§ 8134), Conditional Final (§ 8136), and Unconditional Final (§ 8138) |
| Font & notice rule | Statutory Notice to Claimant must appear in boldface type directly above the signature block |
| Notary / Witness rule | No notary required on any of the four California statutory lien waiver forms. |
| Unpaid / Conditional clock | Conditional waivers become effective only when the check is properly endorsed and paid by the bank on which it is drawn. |
Workers' Comp audit rule for subcontractors in California
California Labor Code § 2750.5 and Business & Professions Code § 7125.2 strictly require active Workers' Compensation for any licensed contractor with employees (and for all roofing classifications under B&P § 7125).
Generate your California statutory lien waiver free
The free StatutoryDesk 12-State Lien Waiver Generator prepares the California statutory form (California Civil Code §§ 8122 to 8138) in your browser with the required font size and notice block enforced, plus our Subcontractor ACORD 25 Workers' Comp Audit Checker to verify sub certificates before releasing a check.
Questions
Does California require a specific statutory lien waiver form?
Yes. Under California Civil Code §§ 8122 to 8138, California requires: Conditional Progress (§ 8132), Unconditional Progress (§ 8134), Conditional Final (§ 8136), and Unconditional Final (§ 8138).
Do lien waivers need to be notarized in California?
No notary required on any of the four California statutory lien waiver forms.
What happens if a subcontractor has no Workers' Comp in California?
California Labor Code § 2750.5 and Business & Professions Code § 7125.2 strictly require active Workers' Compensation for any licensed contractor with employees (and for all roofing classifications under B&P § 7125).