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California Unconditional Waiver and Release on Final Payment

Download the official CA Civil Code § 8138 template. This is the absolute final document of a project. By signing this, you confirm you are 100% paid in full and give up all lien rights forever.

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 2-question Waiver Selector Tool.

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