Lien Waiver vs Lien Release — What's the Difference?

The Short Answer

A lien waiver is a document you sign during a project to give up your right to file a mechanics lien, usually in exchange for a payment. A lien release is a document filed after a mechanics lien has already been recorded, to remove that lien from the property title.

One prevents a lien from ever being filed. The other removes a lien that already exists.

What Is a Lien Waiver?

A lien waiver is a written document in which a contractor, subcontractor, or material supplier voluntarily gives up (waives) their right to file a mechanics lien against a property. It is exchanged as part of the normal payment process on a construction project.

In California, lien waivers must follow one of four statutory forms defined in Civil Code sections 8132 through 8138. Using a non-statutory form can make the waiver unenforceable.

The 4 California Statutory Lien Waiver Types

• Conditional Waiver and Release on Progress Payment — CC §8132
  Waives lien rights for a specific progress payment, but only after the check clears.
• Unconditional Waiver and Release on Progress Payment — CC §8134
  Immediately waives lien rights for a progress payment, regardless of whether the check clears.
• Conditional Waiver and Release on Final Payment — CC §8136
  Waives all remaining lien rights, but only after the final check clears.
• Unconditional Waiver and Release on Final Payment — CC §8138
  Immediately and permanently waives all lien rights upon signing.

Who signs lien waivers? Anyone with lien rights on the project: general contractors, subcontractors, material suppliers, and equipment lessors. The party receiving payment signs the waiver and provides it to the party making payment.

Learn more about each type on our California lien waiver guide.

What Is a Lien Release?

A lien release (sometimes called a "release of mechanics lien" or "lien discharge") is a document that removes an existing mechanics lien from a property's title. It is filed with the county recorder's office in the county where the property is located.

A lien release only comes into play after a mechanics lien has already been recorded against a property. This typically happens when a payment dispute escalates and a contractor or supplier records a lien to secure their claim.

When is a lien release needed? After the underlying payment dispute has been resolved, whether through direct payment, negotiation, mediation, or court order. Once the claimant is satisfied, they file the release to clear the property title.

Who files a lien release? The claimant who originally recorded the mechanics lien, or sometimes a title company acting on their behalf. The release must be recorded with the same county recorder's office where the original lien was filed.

For more on mechanics liens in California, see our California mechanics lien guide.

Side-by-Side Comparison

	Lien Waiver	Lien Release
When	Before or during the project	After a lien has been recorded
Purpose	Waive the right to file a lien	Remove an existing lien
Trigger	In exchange for payment	After dispute is resolved
Form	CA statutory forms (4 types)	Recorded document with county
Who Files	Contractor, sub, or supplier	Claimant or title company
Prelien Handles	Yes	No

Which One Do You Need Right Now?

Not sure which document applies to your situation? Walk through these questions:

How Prelien Helps

Prelien handles lien waivers, not lien releases. Here's what that means in practice:

• Generate California-compliant lien waivers using the four statutory forms
• Send waivers to subcontractors and suppliers for electronic signature
• Track which waivers are signed, pending, or overdue across all your projects
• Sync with QuickBooks to automatically detect payments and trigger waiver requests

We don't handle lien releases because they typically involve recorded liens and legal disputes that require an attorney. We'd rather be honest about our scope than overpromise.

If you need a lien release, we recommend consulting a California construction attorney who specializes in mechanics lien disputes. For more background, see our California lien release overview.

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