When to use this specific form?
In California, you should use the Conditional Waiver and Release on Progress Payment when:
- You are expecting a progress (partial) payment for an ongoing project.
- You have NOT yet received the actual money, or the check has NOT yet cleared your bank.
- You want to promise the GC/Owner that you will waive your lien rights for this invoice amount, ONLY ON THE CONDITION that the payment successfully clears.
Warning: The State of California strictly regulates the language of this form under Civil Code Section 8132. Do not use an out-of-state template or modify the legal text, or it may be invalidated by courts.
When NOT to use this form?
- If the money is already in your bank account: You must use the Unconditional Waiver on Progress Payment instead.
- If the job is 100% complete: This is for progress payments only. If this is your final check, you must use a Final Waiver form.
Not sure if this is the right form? Use our quick Waiver Selector Tool.