CONDITIONAL WAIVER AND RELEASE UPON PROGRESS PAYMENT (CALIFORNIA)

Transcription

1 CONDITIONAL WAIVER AND RELEASE UPON PROGRESS PAYMENT (CALIFORNIA) TYPE 1 FORM - Pursuant to Civil Code 8132 (Effective 7/1/2012) 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. Claimant: Customer: Job Location Owner Through Date: 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: Exceptions This document does not affect any of the following: (1) Retentions. (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. The following invoices and pay applications are included in the above referenced amount: Date Signed: By: (Company Name) (Signature) (Title) (Claimant s Phone Number) Western States Lien Company. 1 CA Conditional Progress Release CA-Lien-Release-1 (01-Jul-2012)

2 INSTRUCTIONS FOR USE Limited Use Agreement. This Form is provided as a courtesy of Western States Lien Company. Users of this form are instructed to read it carefully and use it only for the State first listed in the title. Each State has different laws which apply to the use of construction forms and language which might be acceptable in one state may not necessarily be legally binding and valid for another state. Use of this form should not be construed as the providing of legal advice by Western States Lien Company or any of its attorneys. The use of this form does not constitute the formation of an attorney client relationship between the user and Western States Lien Company makes no warranty or guarantee of any kind regarding the validity or enforceability of this Form for any legal purpose. This form may be freely used by any licensed contractor, subcontractor, material supplier or project owner and its representatives so long as such use is without charge. Duplication or use of this form for any commercial purpose by any individual or party charging a fee for services is strictly prohibited. This form may not be re-produced in printed or electronic form if the user is intending to sell or otherwise charge a fee or in which the use would constitute a sale. In layman s terms if you are a law firm, other service provider, or publisher that intends to charge your client or customer to use this form don t. Instructions for Completing Form. Complete all sections of the form. Do not leave any lines blank. Staple true and complete copies of applicable billing statements, pay applications, rental agreements, or other specific invoices for which the document applies directly to the form. If specific invoices, change orders, or other contract modifications are within the date range listed for the release and they are not final or otherwise in dispute specifically list them as exceptions and attach that page to this release. Practice Pointer. Claimant -- The more specific and detailed you are in completing this form the better for all involved. Owner / General Contractor Call the Claimant BEFORE relying on the Release to ensure that it is a true and authorized instrument. Faxed copies of this form are acceptable if faxed from the Supplier or Subcontractor s business fax number. Western States Lien Company. 2 CA Conditional Progress Release CA-Lien-Release-1 (01-Jul-2012)

3 UNCONDITIONAL WAIVER AND RELEASE ON PROGRESS PAYMENT (CALIFORNIA) TYPE 2 FORM - Pursuant to Civil Code 8134 (Effective 7/1/2012) NOTICE TO CLAIMANT: THIS DOCUMENT WAIVES AND RELEASES LIEN, STOP PAYMENT NOTICE, AND PAYMENT BOND 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 HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL WAIVER AND RELEASE FORM. Claimant: Customer: Job Location Owner Through Date: 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. The claimant has received the following progress payment: $ Exceptions This document does not affect any of the following: (1) Retentions. (2) Extras for which the claimant has not received payment. (3) 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. The following invoices and pay applications are included in the above referenced amount: Date Signed: By: (Company Name) (Signature) (Title) (Claimant s Phone Number) Western States Lien Company. 1 CA Unconditional Progress Release CA-Lien-Release-2 (01-Jul-2012)

4 INSTRUCTIONS FOR USE Limited Use Agreement. This Form is provided as a courtesy of Western States Lien Company. Users of this form are instructed to read it carefully and use it only for the State first listed in the title. Each State has different laws which apply to the use of construction forms and language which might be acceptable in one state may not necessarily be legally binding and valid for another state. Use of this form should not be construed as the providing of legal advice by Western States Lien Company or any of its attorneys. The use of this form does not constitute the formation of an attorney client relationship between the user and Western States Lien Company makes no warranty or guarantee of any kind regarding the validity or enforceability of this Form for any legal purpose. This form may be freely used by any licensed contractor, subcontractor, material supplier or project owner and its representatives so long as such use is without charge. Duplication or use of this form for any commercial purpose by any individual or party charging a fee for services is strictly prohibited. This form may not be re-produced in printed or electronic form if the user is intending to sell or otherwise charge a fee or in which the use would constitute a sale. In layman s terms if you are a law firm, other service provider, or publisher that intends to charge your client or customer to use this form don t. Instructions for Completing Form. Complete all sections of the form. Do not leave any lines blank. Staple true and complete copies of applicable billing statements, pay applications, rental agreements, or other specific invoices for which the document applies directly to the form. If specific invoices, change orders, or other contract modifications are within the date range listed for the release and they are not final or otherwise in dispute specifically list them as exceptions and attach that page to this release. Practice Pointer. Claimant -- The more specific and detailed you are in completing this form the better for all involved. Owner / General Contractor Call the Claimant BEFORE relying on the Release to ensure that it is a true and authorized instrument. Faxed copies of this form are acceptable if faxed from the Supplier or Subcontractor s business fax number. Western States Lien Company. 2 CA Unconditional Progress Release CA-Lien-Release-2 (01-Jul-2012)

5 CONDITIONAL WAIVER AND RELEASE UPON ON FINAL PAYMENT (CALIFORNIA) TYPE 3 FORM - Pursuant to Civil Code 8136 (Effective 7/1/2012) 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. Claimant: Customer: Job Location Owner 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. 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: Exceptions This document does not affect any of the following: Disputed claims for extras in the amount of: $ Date Signed: By: (Company Name) (Signature) (Title) (Claimant s Phone Number) Western States Lien Company. 1 CA Conditional Final Release CA-Lien-Release-3 (01-Jul-2012)

6 INSTRUCTIONS FOR USE Limited Use Agreement. This Form is provided as a courtesy of Western States Lien Company. Users of this form are instructed to read it carefully and use it only for the State first listed in the title. Each State has different laws which apply to the use of construction forms and language which might be acceptable in one state may not necessarily be legally binding and valid for another state. Use of this form should not be construed as the providing of legal advice by Western States Lien Company or any of its attorneys. The use of this form does not constitute the formation of an attorney client relationship between the user and Western States Lien Company makes no warranty or guarantee of any kind regarding the validity or enforceability of this Form for any legal purpose. This form may be freely used by any licensed contractor, subcontractor, material supplier or project owner and its representatives so long as such use is without charge. Duplication or use of this form for any commercial purpose by any individual or party charging a fee for services is strictly prohibited. This form may not be re-produced in printed or electronic form if the user is intending to sell or otherwise charge a fee or in which the use would constitute a sale. In layman s terms if you are a law firm, other service provider, or publisher that intends to charge your client or customer to use this form don t. Instructions for Completing Form. Complete all sections of the form. Do not leave any lines blank. Staple true and complete copies of applicable billing statements, pay applications, rental agreements, or other specific invoices for which the document applies directly to the form. If specific invoices, change orders, or other contract modifications are within the date range listed for the release and they are not final or otherwise in dispute specifically list them as exceptions and attach that page to this release. Practice Pointer. Claimant -- The more specific and detailed you are in completing this form the better for all involved. Owner / General Contractor Call the Claimant BEFORE relying on the Release to ensure that it is a true and authorized instrument. Faxed copies of this form are acceptable if faxed from the Supplier or Subcontractor s business fax number. Western States Lien Company. 2 CA Conditional Final Release CA-Lien-Release-3 (01-Jul-2012)

7 UNCONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT (CALIFORNIA) TYPE 4FORM - Pursuant to Civil Code 8138 (Effective 7/1/2012) NOTICE TO CLAIMANT: THIS DOCUMENT WAIVES AND RELEASES LIEN, STOP PAYMENT NOTICE, AND PAYMENT BOND 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 HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL WAIVER AND RELEASE FORM. Claimant: Customer: Job Location Owner This document waives and releases lien, stop payment notice, and payment bond rights the claimant has for all labor and service provided, and equipment and material delivered, to the customer on this job. 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. The claimant has been paid in full. Exceptions This document does not affect any of the following: Disputed claims for extras in the amount of: $ Date Signed: By: (Company Name) (Signature) (Title) (Claimant s Phone Number) Western States Lien Company. 1 CA Unconditional Final Release CA-Lien-Release-4 (01-Jul-2012)

8 INSTRUCTIONS FOR USE Limited Use Agreement. This Form is provided as a courtesy of Western States Lien Company. Users of this form are instructed to read it carefully and use it only for the State first listed in the title. Each State has different laws which apply to the use of construction forms and language which might be acceptable in one state may not necessarily be legally binding and valid for another state. Use of this form should not be construed as the providing of legal advice by Western States Lien Company or any of its attorneys. The use of this form does not constitute the formation of an attorney client relationship between the user and Western States Lien Company makes no warranty or guarantee of any kind regarding the validity or enforceability of this Form for any legal purpose. This form may be freely used by any licensed contractor, subcontractor, material supplier or project owner and its representatives so long as such use is without charge. Duplication or use of this form for any commercial purpose by any individual or party charging a fee for services is strictly prohibited. This form may not be re-produced in printed or electronic form if the user is intending to sell or otherwise charge a fee or in which the use would constitute a sale. In layman s terms if you are a law firm, other service provider, or publisher that intends to charge your client or customer to use this form don t. Instructions for Completing Form. Complete all sections of the form. Do not leave any lines blank. Staple true and complete copies of applicable billing statements, pay applications, rental agreements, or other specific invoices for which the document applies directly to the form. If specific invoices, change orders, or other contract modifications are within the date range listed for the release and they are not final or otherwise in dispute specifically list them as exceptions and attach that page to this release. Practice Pointer. Claimant -- The more specific and detailed you are in completing this form the better for all involved. Owner / General Contractor Call the Claimant BEFORE relying on the Release to ensure that it is a true and authorized instrument. Faxed copies of this form are acceptable if faxed from the Supplier or Subcontractor s business fax number. Western States Lien Company. 2 CA Unconditional Final Release CA-Lien-Release-4 (01-Jul-2012)