Unconditional Waiver And Release Upon Progress Payment Form

UNCONDITIONAL WAIVER AND RELEASE

UPON PROGRESS PAYMENT

CALIFORNIA CIVIL CODE SECTION 3262(D)(2)

The undersigned has been paid and has received a progress payment in the sum of $___________________

for all labor, services, equipment or material furnished to ____________________________________ on the job of

(Your Customer)

______________________________________ and does hereby release any mechanics’ lien, stop notice, or bond

(Job Description)

right that the undersigned has on the above-referenced job to the following extent. This release covers a progress

payment for labor services, equipment, or materials furnished to ________________________________________

(Your Customer)

through _______________________ only and does not cover any retentions retained before or after the release

(date)

date; extras furnished before the release date or which payment has not been received; extras or items furnished

after the release date. Rights based upon work preformed or items furnished under a written change order which

has been fully executed by the parties prior to the release date are covered by this release unless specifically

reserved by the claimant in this release. This release of any mechanics’ lien, stop notice, or bond right shall not

otherwise affect the contract rights, including rights between parties to the contract based upon rescission,

abandonment or breach of the contract, or the right of the undersigned to recover compensation for furnished labor,

services, equipment or material covered by this release if that furnished labor, services, equipment or material was

not compensated by the progress payment.

_______________________________________

(Company name)

By:

_______________________________________

(Signature)

Date: ___________________

_______________________________________

(Title)

NOTICE TO PERSONS SIGNING THIS WAIVER:

THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY AND STATES THAT

YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS

ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVENOTBEEN

PAID. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL RELEASE FORM.

NOTE: CIVIL CODE 3262(d)(2) PROVIDES:

Where the claimant is required to execute a waiver and release in

exchange for, or in order to induce payment of, a progress payment and the claimant asserts in the waiver it has, in

fact been paid the progress payment, the waiver and release shall follows substantially the form set forth above.

Unconditional Waiver And Release Upon Progress Payment Form - California