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California Conditional Waiver and Release on Final Payment

Download the official CA Civil Code § 8136 template. The safest way to demand your final payment and retention without sacrificing your right to file a lien if the last check bounces.

When to use the Conditional Final form?

In California, the Conditional Waiver on Final Payment should be used when:

  • The project is 100% complete and you are billing for your final invoice.
  • You are requesting the release of your final retention money.
  • You have NOT yet received the final check, or it hasn't cleared your bank account.
Why it's essential: This is the most common form exchanged at the end of a job. It tells the General Contractor/Owner "I will permanently waive my lien rights to this property, but ONLY after this final payment clears the bank."

When NOT to use this form?

  • If you already have the money in the bank: You must use the Unconditional Final waiver to formally close out the job.
  • If you will have more invoices coming later: Do not use this form. Use a Progress Payment waiver instead, even if it's the end of a particular phase.

Not sure if this is the right form? Use our quick 2-question Waiver Selector Tool.

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