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Lien waivers by state · California

California lien waiver requirements

California is a statutory-form state

California is a "statutory form" state: lien waivers must substantially follow one of four prescribed forms in Civil Code §§ 8132 (conditional progress), 8134 (unconditional progress), 8136 (conditional final), and 8138 (unconditional final). A waiver and release is null, void, and unenforceable unless it substantially conforms to the applicable statutory form, so custom-worded or modified waivers are invalid. Notarization is not required and may actually void the form by deviating from the statutory language.

Statute: Cal. Civ. Code §§ 8132, 8134, 8136, 8138 (statutory waiver forms; see also § 8120 et seq.)

California lien waiver forms

The four standard waiver-and-release types and California’s rules for each.
Waiver type	Statutory form?	Notarized?
Conditional waiver and release on progress payment
Unconditional waiver and release on progress payment
Conditional waiver and release on final payment
Unconditional waiver and release on final payment

Requirements at a glance

Notarization: California does not require lien waivers to be notarized; because the waiver must substantially match the statutory form, adding a notary block/acknowledgment can deviate from the prescribed form and risks rendering the waiver invalid.
Mandatory statutory language: The waiver must be in "substantially" the form set out in the applicable Civil Code section (§§ 8132/8134/8136/8138). A waiver that does not substantially conform is null, void, and unenforceable. Licensed contractors can also face statutory penalties ($100–$1,000) for requiring or using a non-conforming waiver.
Electronic signatures accepted

Key California deadlines

Preliminary / pre-lien notice: Within 20 days of first furnishing labor or materials (required of all claimants except direct/general contractors, who must serve it only when a construction lender is involved). A late notice is effective only for work/materials furnished in the 20 days before it is served, plus thereafter.
Notice of intent to lien: Not required. California does not require a notice of intent to lien before recording a mechanics lien (it is optional/strategic only).
Mechanics lien filing deadline: Direct/general contractor: within 90 days after completion of the work of improvement, or within 60 days after the owner records a Notice of Completion (or cessation). Subcontractors/suppliers: within 90 days after completion, or within 30 days after a recorded Notice of Completion (or cessation).

California lien waiver FAQ

Does California require a specific lien waiver form?

Yes. California is a statutory-form state: a lien waiver must substantially follow one of four forms set out in Civil Code §§ 8132, 8134, 8136, and 8138 (conditional/unconditional, progress/final). A waiver that does not substantially conform is void and unenforceable.

Do lien waivers need to be notarized in California?

No. California does not require lien waivers to be notarized, and notarizing one can be counterproductive because adding a notary block may deviate from the required statutory form and risk invalidating the waiver.

Can lien waivers be signed electronically in California?

Yes. Electronic signatures are valid for California lien waivers under the federal ESIGN Act and California's adoption of UETA, provided the waiver still uses the required statutory form language.

What is the deadline to file a mechanics lien in California?

A direct (general) contractor must record the mechanics lien within 90 days after completion of the work, or within 60 days after the owner records a Notice of Completion or cessation. Subcontractors and suppliers have 90 days after completion, or 30 days after a recorded Notice of Completion or cessation.