Works of Improvement GenerallyWaiver and Release
Section § 8120
This law says that any rules or guidelines in this chapter apply specifically to construction or building projects covered by this law.
Section § 8122
This law says that no one, whether it's the property owner or contractors, can make a contract that takes away someone else's rights to claim money for work done on a project. Any contract trying to do so is useless unless the person willingly signs a specific waiver giving up those rights.
Section § 8124
This law explains that if you have a construction-related financial claim and you waive your rights to that claim, it doesn't automatically mean you're letting the property owner, lender, or insurer off the hook unless two conditions are met. First, your waiver must match the official form style and have your signature. Second, if your waiver is based on getting paid, you need to have solid evidence that you actually received the payment, like a check you deposited or a written confirmation from you.
Section § 8126
In simple terms, if someone tries to waive, release, or otherwise harm a lien or claim through a statement, that statement is not valid unless two conditions are met: it follows the specific requirements of a waiver and release outlined in this article, or the claimant has been fully paid for the claim.
Section § 8128
This section allows someone who has issued a stop payment notice to either reduce the amount they are claiming or completely release it. They must do this in writing and clearly state whether it's a reduction or a full release. If it's a reduction, the new total amount to be withheld must be specified. Reducing or releasing the notice means the person claiming cannot enforce payment for the reduced or released amount, and whoever received the notice no longer has to withhold funds for that amount. However, the claimant can issue another stop payment notice later if needed, as long as it's timely and correct. This action doesn't affect any other rights the claimant may have, just the right to enforce payment for the specific reduced or released amount.
Section § 8130
This law states that if you have a legal agreement to resolve a dispute or settle a court case, it won't change how enforceable that agreement is, as long as the agreement specifically mentions the lien or claim involved.
Section § 8132
This law explains that if someone is required to sign a 'conditional waiver and release' to receive a progress payment, but then doesn’t get paid, that waiver is void and cannot be enforced. To be valid, the waiver must follow a specific format. The waiver notes that rights to liens, stop payments, and bond claims are let go once payment is received. However, certain exceptions apply, such as retentions, unpaid extras, and previously waived payments not yet received. Contract rights, such as claims based on breaches, are also unaffected.
Section § 8134
This law says that if someone providing work or materials on a project needs to sign a waiver to get paid a progress payment and they say they've been paid, the waiver is only valid if it's in a specific form. The waiver form is called an 'Unconditional Waiver and Release on Progress Payment.' This document states the claimant has given up certain rights like lien and payment bond rights because they've been paid. It won't be valid if the payment isn't received, unless it specifies otherwise using a 'conditional waiver.' The waiver must include information about the claimant, customer, job location, and payment details. It does not cover unpaid extras, contract rights related to non-payment, or any retained amounts.
Section § 8136
This California law section states that if someone is asked to sign a waiver and release to get their final payment but they don't actually get paid, then the waiver and release are not valid unless it's written in a specific way. This document, called a 'Conditional Waiver and Release on Final Payment', becomes effective only when payment is received. It includes detailed sections for identifying information, exceptions for disputed claims, and requires the claimant's signature and details about the payment.
Section § 8138
If you are signing a waiver to confirm you've received your final payment, it must follow a specific format to be valid. This waiver, called 'Unconditional Waiver and Release on Final Payment,' will mean you give up certain rights, like lien or stop payment notice rights, once you sign it. However, if you haven't actually been paid in full, don't use this form; you should use a conditional waiver instead. The document also allows for exceptions if there are disputed claims for extras.