When is it safe to use this form?
In California, the Unconditional Waiver on Progress Payment should ONLY be used when:
- You have already received the progress payment physically in hand or in your account.
- The check has completely cleared the bank (not just deposited).
- There is absolutely no doubt that you have been paid for the work completed through the "Through Date".
Critical Danger: If a General Contractor asks you to sign this form "so they can release the check", DO NOT SIGN IT. If their check bounces, you will have no legal recourse to place a mechanics lien on the property. Give them a "Conditional" waiver instead.
When NOT to use this form?
- If you are waiting for a check to arrive: Use a Conditional waiver.
- If the GC promises "the check is in the mail": Use a Conditional waiver.
- If this is the final payment on the project: You must use a Final Waiver form.
Not sure if this is the right form? Use our quick Waiver Selector Tool.