Statute · California Civil Code

Cal. Civ. Code § 8124 — Waiver and Release

Cal. Civ. Code § 8124

Type
Statute
Source
California Civil Code
Jurisdiction
California
Date
2011-01-01
Current through
Nov 2, 2026 (California Legislative Counsel)

A claimant’s waiver and release does not release the owner, construction lender, or surety on a payment bond from a lien or claim unless both of the following conditions are satisfied:

Citator

Cal. Civ. Code § 8124 — Waiver and Release is in force in the current edition of the Code, and nothing recorded condemns it.

A claimant’s waiver and release does not release the owner, construction lender, or surety on a payment bond from a lien or claim unless both of the following conditions are satisfied:

(a) The waiver and release is in substantially the form provided in this article and is signed by the claimant.

(b) If the release is a conditional release, there is evidence of payment to the claimant. Evidence of payment may be either of the following:

(1) The claimant’s endorsement on a single or joint payee check that has been paid by the financial institution on which it was drawn.

(2) Written acknowledgment of payment by the claimant.