State Codes and Statutes

Statutes > California > Civ > 8120-8138

CIVIL CODE
SECTION 8120-8138



8120.  The provisions of this chapter apply to a work of improvement
governed by this part.



8122.  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.



8124.  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.




8126.  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.



8128.  (a) A claimant may reduce the amount of, or release in its
entirety, a stop payment notice. The reduction or release shall be in
writing and may be given in a form other than a waiver and release
form provided in this article.
   (b) The writing shall identify whether it is a reduction of the
amount of the stop payment notice, or a release of the notice in its
entirety. If the writing is a reduction, it shall state the amount of
the reduction, and the amount to remain withheld after the
reduction.
   (c) A claimant's reduction or release of a stop payment notice has
the following effect:
   (1) The reduction or release releases the claimant's right to
enforce payment of the claim stated in the notice to the extent of
the reduction or release.
   (2) The reduction or release releases the person given the notice
from the obligation to withhold funds pursuant to the notice to the
extent of the reduction or release.
   (3) The reduction or release does not preclude the claimant from
giving a subsequent stop payment notice that is timely and proper.
   (4) The reduction or release does not release any right of the
claimant other than the right to enforce payment of the claim stated
in the stop payment notice to the extent of the reduction or release.



8130.  This article does not affect the enforceability of either an
accord and satisfaction concerning a good faith dispute or an
agreement made in settlement of an action pending in court if the
accord and satisfaction or agreement and settlement make specific
reference to the lien or claim.



8132.  If a claimant is required to execute a waiver and release in
exchange for, or in order to induce payment of, a progress payment
and the claimant is not, in fact, paid in exchange for the waiver and
release or a single payee check or joint payee check is given in
exchange for the waiver and release, the waiver and release shall be
null, void, and unenforceable unless it is in substantially the
following 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 release
in exchange for, or in order to induce payment of, a progress payment
and the claimant asserts in the waiver that the claimant has, in
fact, been paid the progress payment, the waiver and release shall be
null, void, and unenforceable unless it is in substantially the
following form, with the text of the "Notice to Claimant" in at least
as 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 release
in exchange for, or in order to induce payment of, a final payment
and the claimant is not, in fact, paid in exchange for the waiver and
release or a single payee check or joint payee check is given in
exchange for the waiver and release, the waiver and release shall be
null, void, and unenforceable unless it is in substantially the
following 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 release
in exchange for, or in order to induce payment of, a final payment
and the claimant asserts in the waiver that the claimant has, in
fact, been paid the final payment, the waiver and release shall be
null, void, and unenforceable unless it is in substantially the
following form, with the text of the "Notice to Claimant" in at least
as 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:_____
State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

Loading..

Loading, Please Wait!
