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what is Unconditional final release

CaliforniaLien Waivers

Hi. My customer requested unconditional final release ?

4 replies

Nov 19, 2020

An unconditional final release is a lien waiver that should be used at the end of the contract work and when final payment is being made. Be careful when it comes to unconditional waivers, as once they are signed, they are fully binding; regardless if you've been paid or not. If you're still waiting on payment, I'd recommend using a conditional final release. They are just as effective as unconditional onces, except that they won't waive any rights until the condition (payment) is met.

Here's a few resources that can help clear things up:

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Nov 19, 2020

It is this, but DO NOT sign it unless you have all your money in the bank.

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 any of the following:

Disputed claims for extras in the amount of: $

Signature

Claimant's Signature:

Claimant's Title:

Date of Signature:

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Nov 19, 2020

This release releases all of your rights to put a lien on the project. Only give it if you have been paid your final payment.

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Nov 20, 2020
You don’t want to give an unconditional final release until you’ve finished all the work, been paid in full AND their check has cleared your bank. Otherwise you would give the owner a Conditional final release. I’m happy to help you with this if you have any questions.

Cathleen M. Curl, Esq.
Law Office of Cathleen M. Curl
650-871-5955
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