When is it safe to use this form?
In California, the Unconditional Waiver on Final Payment should ONLY be used when:
- The project is entirely finished, and you will not be billing another cent to this job.
- You have received every single payment, including all retention money.
- The absolute final check has physically cleared your bank account.
The "Nuclear Option": This form permanently and irrevocably destroys any mechanics lien rights you had on the property. If you sign this and a check subsequently bounces, you cannot file a lien. You are completely exposed.
When NOT to use this form?
- If you are holding a check that hasn't cleared: Use the Conditional Final waiver.
- If you are still owed retention: Do not sign this. It waives your right to collect that retention.
- If you will be doing more work on the property: Use a progress waiver instead.
Not sure if this is the right form? Use our quick Waiver Selector Tool.