CIVIL CODE
SECTION 8120-8138
8120.  The provisions of this chapter apply to a work of improvementgoverned by this part.8122.  An owner, direct contractor, or subcontractor may not, bycontract or otherwise, waive, affect, or impair any other claimant'srights under this part, whether with or without notice, and any termof a contract that purports to do so is void and unenforceable unlessand until the claimant executes and delivers a waiver and releaseunder this article.8124.  A claimant's waiver and release does not release the owner,construction lender, or surety on a payment bond from a lien or claimunless both of the following conditions are satisfied: (a) The waiver and release is in substantially the form providedin this article and is signed by the claimant. (b) If the release is a conditional release, there is evidence ofpayment to the claimant. Evidence of payment may be either of thefollowing: (1) The claimant's endorsement on a single or joint payee checkthat has been paid by the financial institution on which it wasdrawn. (2) Written acknowledgment of payment by the claimant.8126.  An oral or written statement purporting to waive, release,impair or otherwise adversely affect a lien or claim is void andunenforceable and does not create an estoppel or impairment of thelien or claim unless either of the following conditions is satisfied: (a) The statement is pursuant to a waiver and release under thisarticle. (b) The claimant has actually received payment in full for theclaim.8128.  (a) A claimant may reduce the amount of, or release in itsentirety, a stop payment notice. The reduction or release shall be inwriting and may be given in a form other than a waiver and releaseform provided in this article. (b) The writing shall identify whether it is a reduction of theamount of the stop payment notice, or a release of the notice in itsentirety. If the writing is a reduction, it shall state the amount ofthe reduction, and the amount to remain withheld after thereduction. (c) A claimant's reduction or release of a stop payment notice hasthe following effect: (1) The reduction or release releases the claimant's right toenforce payment of the claim stated in the notice to the extent ofthe reduction or release. (2) The reduction or release releases the person given the noticefrom the obligation to withhold funds pursuant to the notice to theextent of the reduction or release. (3) The reduction or release does not preclude the claimant fromgiving a subsequent stop payment notice that is timely and proper. (4) The reduction or release does not release any right of theclaimant other than the right to enforce payment of the claim statedin the stop payment notice to the extent of the reduction or release.8130.  This article does not affect the enforceability of either anaccord and satisfaction concerning a good faith dispute or anagreement made in settlement of an action pending in court if theaccord and satisfaction or agreement and settlement make specificreference to the lien or claim.8132.  If a claimant is required to execute a waiver and release inexchange for, or in order to induce payment of, a progress paymentand the claimant is not, in fact, paid in exchange for the waiver andrelease or a single payee check or joint payee check is given inexchange for the waiver and release, the waiver and release shall benull, void, and unenforceable unless it is in substantially thefollowing form: CONDITIONAL WAIVER AND RELEASE ON PROGRESS PAYMENT  NOTICE:  THIS  DOCUMENT  WAIVES THE  CLAIMANT'S  LIEN, STOP  PAYMENT  NOTICE, AND  PAYMENT  BOND RIGHTS  EFFECTIVE  ON RECEIPT  OF PAYMENT.  A PERSON  SHOULD NOT  RELY ON  THIS  DOCUMENT  UNLESS  SATISFIED  THAT THE  CLAIMANT  HAS  RECEIVED  PAYMENT.  Identifying  Information  Name of  Claimant:___  Name of  Customer:___  Job  Location:___  Owner:______  Through  Date:_______  Conditional  Waiver and  Release  This  document  waives and  releases  lien, stop  payment  notice, and  payment  bond rights  the  claimant  has for  labor and  service  provided,  and  equipment  and  material  delivered,  to the  customer on  this job  through the  Through  Date of  this  document.  Rights  based  upon labor  or service  provided,  or  equipment  or material  delivered,  pursuant to  a written  change  order that  has been  fully  executed by  the parties  prior to  the date  that this  document is  signed by  the  claimant,  are waived  and  released by  this  document,  unless  listed as  an  Exception  below. This  document is  effective  only on the  claimant's  receipt of  payment  from the  financial  institution  on which  the  following  check is  drawn:  Maker of  Check:______  Amount of  Check: $____  Check  Payable to:_  Exceptions  This  document  does not  affect any  of the  following:  (1)  Retentions.  (2)  Extras for  which the  claimant  has not  received  payment.  (3) The  following  progress  payments  for which  the  claimant  has  previously  given a  conditional  waiver and  release but  has not  received  payment:  Date(s) of  waiver and  release:____  Amount(s)  of unpaid  progress  payment(s):  $___________  (4)  Contract  rights,  including  (A) a right  based on  rescission,  abandonment,  or breach  of  contract,  and (B) the  right to  recover  compensation  for work  not  compensated  by the  payment.  Signature  Claimant's  Signature:__  Claimant's  Title:______  Date of  Signature:__8134.  If the claimant is required to execute a waiver and releasein exchange for, or in order to induce payment of, a progress paymentand the claimant asserts in the waiver that the claimant has, infact, been paid the progress payment, the waiver and release shall benull, void, and unenforceable unless it is in substantially thefollowing form, with the text of the "Notice to Claimant" in at leastas large a type as the largest type otherwise in the form: UNCONDITIONAL WAIVER AND RELEASE ON PROGRESS PAYMENT  NOTICE TO  CLAIMANT: THIS  DOCUMENT  WAIVES AND  RELEASES LIEN,  STOP PAYMENT  NOTICE, AND  PAYMENT BOND  RIGHTS  UNCONDITIONALLY  AND STATES  THAT YOU HAVE  BEEN PAID FOR  GIVING UP  THOSE RIGHTS.  THIS DOCUMENT  IS ENFORCEABLE  AGAINST YOU IF  YOU SIGN IT,  EVEN IF YOU  HAVE NOT BEEN  PAID. IF YOU  HAVE NOT BEEN  PAID, USE A  CONDITIONAL  WAIVER AND  RELEASE FORM.  Identifying  Information  Name of  Claimant:______  Name of  Customer:______  Job Location:__  Owner:_________  Through Date:__  Unconditional  Waiver and  Release  This document  waives and  releases lien,  stop payment  notice, and  payment bond  rights the  claimant has  for labor and  service  provided, and  equipment and  material  delivered, to  the customer  on this job  through the  Through Date  of this  document.  Rights based  upon labor or  service  provided, or  equipment or  material  delivered,  pursuant to a  written change  order that has  been fully  executed by  the parties  prior to the  date that this  document is  signed by the  claimant, are  waived and  released by  this document,  unless listed  as an  Exception  below. The  claimant has  received the  following  progress  payment: $_____  Exceptions  This document  does not  affect any of  the following:  (1) Retentions.  (2) Extras for  which the  claimant has  not received  payment.  (3) Contract  rights,  including (A)  a right based  on rescission,  abandonment,  or breach of  contract, and  (B) the right  to recover  compensation  for work not  compensated by  the payment.  Signature  Claimant's  Signature:_____  Claimant's  Title:_________  Date of  Signature:_____8136.  If the claimant is required to execute a waiver and releasein exchange for, or in order to induce payment of, a final paymentand the claimant is not, in fact, paid in exchange for the waiver andrelease or a single payee check or joint payee check is given inexchange for the waiver and release, the waiver and release shall benull, void, and unenforceable unless it is in substantially thefollowing form:  CONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT  NOTICE:  THIS  DOCUMENT  WAIVES THE  CLAIMANT'S  LIEN, STOP  PAYMENT  NOTICE,  AND  PAYMENT  BOND  RIGHTS  EFFECTIVE  ON RECEIPT  OF  PAYMENT. A  PERSON  SHOULD NOT  RELY ON  THIS  DOCUMENT  UNLESS  SATISFIED  THAT THE  CLAIMANT  HAS  RECEIVED  PAYMENT.  Identifying  Information  Name of  Claimant:__  Name of  Customer:__  Job  Location:__  Owner:_____  Conditional  Waiver and  Release  This  document  waives and  releases  lien, stop  payment  notice,  and  payment  bond  rights the  claimant  has for  labor and  service  provided,  and  equipment  and  material  delivered,  to the  customer  on this  job.  Rights  based upon  labor or  service  provided,  or  equipment  or  material  delivered,  pursuant  to a  written  change  order that  has been  fully  executed  by  the  parties  prior to  the date  that this  document  is signed  by the  claimant,  are waived  and  released  by this  document,  unless  listed as  an  Exception  below.  This  document  is  effective  only on  the  claimant's  receipt of  payment  from the  financial  institution  on which  the  following  check is  drawn:  Maker of  Check:_____  Amount of  Check: $___  Check  Payable  to:________  Exceptions  This  document  does not  affect any  of the  following:  Disputed  claims for  extras in  the amount  of: $ _____  Signature  Claimant's  Signature:_  Claimant's  Title:_____  Date of  Signature:_8138.  If the claimant is required to execute a waiver and releasein exchange for, or in order to induce payment of, a final paymentand the claimant asserts in the waiver that the claimant has, infact, been paid the final payment, the waiver and release shall benull, void, and unenforceable unless it is in substantially thefollowing form, with the text of the "Notice to Claimant" in at leastas large a type as the largest type otherwise in the form: UNCONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT  NOTICE TO  CLAIMANT: THIS  DOCUMENT  WAIVES AND  RELEASES LIEN,  STOP PAYMENT  NOTICE, AND  PAYMENT BOND  RIGHTS  UNCONDITIONALLY  AND STATES  THAT YOU  HAVE BEEN PAID  FOR GIVING UP  THOSE RIGHTS.  THIS DOCUMENT  IS ENFORCEABLE  AGAINST YOU IF  YOU SIGN IT,  EVEN IF YOU  HAVE NOT BEEN  PAID. IF YOU  HAVE NOT BEEN  PAID, USE A  CONDITIONAL  WAIVER AND  RELEASE FORM.  Identifying  Information  Name of  Claimant:______  Name of  Customer:______  Job Location:__  Owner:_________  Unconditional  Waiver and  Release  This document  waives and  releases lien,  stop payment  notice, and  payment bond  rights the  claimant has  for all labor  and service  provided, and  equipment and  material  delivered, to  the customer  on  this job.  Rights based  upon labor or  service  provided, or  equipment or  material  delivered,  pursuant to a  written change  order that has  been fully  executed by  the parties  prior to the  date that this  document is  signed by the  claimant, are  waived and  released by  this document,  unless listed  as an  Exception  below. The  claimant has  been paid in  full.  Exceptions  This document  does not  affect the  following:  Disputed  claims for  extras in the  amount of: $ __  Signature  Claimant's  Signature:_____  Claimant's  Title:_________  Date of  Signature:_____