Lien Waivers & Releases and Stop Payment Notices
Two more payment tools that go hand-in-hand with the mechanics lien: the waiver/release you sign to get paid, and the stop payment notice that grabs the money instead of the property.
1. The four statutory waiver & release forms
Every time you take a payment, the owner or GC will ask you to sign a waiver giving up lien rights for that payment. California has exactly four statutory forms — pick by conditional vs. unconditional and progress vs. final:
| Form | Civil Code | Effective when… |
|---|---|---|
| Conditional waiver — Progress payment | §8132 | only when you're actually paid |
| Unconditional waiver — Progress payment | §8134 | immediately on signing |
| Conditional waiver — Final payment | §8136 | only when you're actually paid |
| Unconditional waiver — Final payment | §8138 | immediately on signing |
- Conditional = the release only takes effect once payment clears. Safe to sign before you have the money (e.g., to release a check).
- Unconditional = the release is effective the moment you sign — even if you're never paid. Only sign an unconditional waiver after the money is actually in hand.