Civil Code section 8124

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.

Source: Section 8124, https://leginfo.­legislature.­ca.­gov/faces/codes_displaySection.­xhtml?lawCode=CIV§ionNum=8124.­ (accessed Jun. 2, 2025).

Last Updated

May 12, 2025

§ 8124’s source at ca​.gov