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Should I be creating and providing this form or should I push back and request they provide the form to us for signature

CaliforniaLien Waivers

We are the material supplier and our customer is requesting that we provide an Unconditional Waiver and Release on Progress payment however normally our customer provides us with the form with the filled in blanks we verify and sign upon said verification.

1 reply

Jan 12, 2023

An Unconditional Wavier and Release on Progress payment is based on a statutory form contained in Civil Code section 8134. I have seen many contractors and owners use an incorrect form, or modify the form from what is stated in the statute, which may render the lien waiver to be unenforceable. You may wish to consider just using the language in Civil Code section 8134 and provide your customer with the Unconditional Waiver. Please note that you should never provide an unconditional waiver until you have received payment and confirmed that the funds are safely in your company's bank account. Otherwise, you should use a condition waiver on progress payment form, which is described in Civil Code section 8132. 

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