Unconditional lien waiver
An unconditional lien waiver is a lien waiver that gives up lien rights as soon as it's signed, whether or not the payment it mentions ever arrives.
Updated October 13, 2026 · 1 min read
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The risk
Because it doesn't depend on payment, an unconditional waiver signed against a check that later bounces can leave you with no lien rights for that amount. That's why the usual order is a conditional lien waiver with the invoice, then the unconditional one only after the funds have cleared.
Progress or final
- Unconditional progress waiver: confirms you were paid for work through a stated date. Rights for later work and listed exceptions remain.
- Unconditional final waiver: confirms you were paid in full and gives up all lien rights on the job. Sign it only once every dollar, retainage included, has cleared.
Statutory-form states such as Texas and California require the waiver to substantially follow the form in the statute, signed by the claimant. Our lien waiver guide lists the states we checked.
Questions? Answers.
What should an unconditional waiver say?
The amount you were paid, the date your work is covered through, and any exceptions, such as unpaid extras, disputed change orders or retainage. In a statutory-form state, use the state's form.
Sources
- California Civil Code § 8124, when a lien waiver is effective (§§ 8132–8138 hold the forms) · leginfo.legislature.ca.gov
- Texas Property Code §§ 53.281–53.284, lien waiver and release forms · statutes.capitol.texas.gov