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SAMPLE CALIFORNIA PARTIAL RELEASE & WAIVER (CONDITIONAL)
Please discard this page before providing the release to your customer.
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CONDITIONAL WAIVER AND RELEASE ON PROGRESS PAYMENT
NOTICE: THIS DOCUMENT WAIVES THE CLAIMANT'S LIEN, STOP PAYMENT NOTICE, AND PAYMENT BOND RIGHTS EFFECTIVE ON RECEIPT OF PAYMENT. A PERSON SHOULD NOT RELY ON THIS DOCUMENT UNLESS SATISFIED THAT THE CLAIMANT HAS RECEIVED PAYMENT.
|Name of Claimant:
|Name of Customer:
Conditional Waiver and Release
This document waives and releases lien, stop payment notice, and payment bond rights the claimant has for labor and service provided, and equipment and material delivered, to the customer on this job through the Through Date of this document. Rights based upon labor or service provided, or equipment or material delivered, pursuant to a written change order that has been fully executed by the parties prior to the date that this document is signed by the claimant, are waived and released by this document, unless listed as an Exception below. This document is effective only on the claimant's receipt of payment from the financial institution on which the following check is drawn:
|Maker of Check:
|Amount of Check: $
|Check Payable to:
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This document does not affect any of the following:
(2) Extras for which the claimant has not received payment.
(3) The following progress payments for which the claimant has previously given a conditional waiver and release but has not received payment:
Date(s) of waiver and release:
Amount(s) of unpaid progress payment(s):
(4) Contract rights, including (A) a right based on rescission, abandonment, or breach of contract, and (B) the right to recover compensation for work not compensated by the payment.
|Date of Signature:|
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Here's the info you'll need to have handy to complete your doc:
Be able to describe what work has been completed so far, as well as what is left to do.
Be clear about the original contract's timeline, including the "through date."
Know the payment amount and the names of all parties being paid.
What's a california partial release & waiver (conditional)?
When a homeowner or business begins construction, remodeling, or similar contract work, the contractor needs to know that they will be paid, and the client needs assurance that work will be completed. A California partial release and waiver of liens (conditional) outlines the rights and responsibilities of a contractor and the property owner, including payments as well as details about what’s been done so far and what still needs to be done.