Free conditional lien waiver template

A conditional waiver gives up your lien rights only once the payment actually reaches you and clears. It is the one to hand over when you ask to be paid. Pick progress or final, fill it in, print it.

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Conditional waiver on a progress payment
This is a template, not legal advice. Check your state's rules before you use it.
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Conditional lien waiver

Conditional waiver and release on progress payment
When the claimant receives the payment amount stated above, and only after that payment has cleared the bank it is drawn on, the claimant waives and releases its lien rights and payment bond rights for labor, services, equipment and materials the claimant furnished to the job location above, through the date covered stated above.
What it does not cover
This waiver does not cover retainage, extras or change orders not yet paid, work done after the date covered, or anything listed under Exceptions. If the payment is not received, or does not clear, this waiver has no effect.
Not legal advice
This is a general form, not a statutory form, and not legal advice. Some states require their own wording for a waiver to be enforceable. Check your state's rules before you sign or ask anyone to sign.
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States with their own forms

Each one carries that state's statutory waiver forms, word for word from its code.

What makes a waiver conditional

The condition is payment. Until the money you are owed reaches you and clears the bank it is drawn on, a conditional waiver has no effect, and your lien rights stay where they were. That is why it is the right paper to send with an invoice or a pay application: the customer gets the waiver it needs to release the money, and you keep your rights if the money never comes.

Progress or final

A conditional progress waiver covers the work through a stated date, for the amount of this one payment. Retainage, unpaid change orders and later work are not touched. A conditional final waiver covers the whole job and is given for the last payment. List anything still in dispute under Exceptions, or it may be given up with the rest.

After the payment clears

Many customers will ask for an unconditional waiver once they have paid. That is normal; give it only after the money is in your account. Our unconditional lien waiver has both kinds. If your state sets its own wording, use the state form from the lien waiver page instead.

States with their own waiver forms

8 states we have checked set the waiver wording in their lien statute: California, Texas, Arizona, Nevada, Utah, Michigan, Florida, Wyoming. In those states, use the state form instead of this one. The lien waiver page has notes for all 50 states.

This is a general form, not legal advice. Waiver rules differ by state and change, so check your state's lien law before you sign or ask anyone to sign.

More free templates

Sources: California Civil Code sections 8132 to 8138, checked 2026-10-09; Texas Property Code section 53.284, checked 2026-10-09; Arizona Revised Statutes section 33-1008, checked 2026-10-09; Nevada Revised Statutes 108.2457, checked 2026-10-09; Utah Code section 38-1a-802, checked 2026-10-09; Michigan Compiled Laws 570.1115, checked 2026-10-09; Florida Statutes section 713.20, checked 2026-10-09; Wyoming Statutes section 29-10-101, checked 2026-10-09.

FAQ

When does a conditional lien waiver take effect?

When the payment it names is received and clears. If the check bounces or the payment never arrives, the waiver has no effect and your lien rights are unchanged.

Can I give a conditional waiver before I am paid?

Yes. That is what it is for. Owners, general contractors and lenders often need a conditional waiver in hand before they release the payment.

Does a conditional waiver cover retainage?

Not on this form. A progress waiver covers only the payment named and work through the date stated. Retainage, unpaid change orders and later work stay outside it, and you can list them under Exceptions to be clear.

Is a conditional lien waiver enforceable in every state?

Some states require their own statutory wording. In those states a waiver that does not follow the statute may not hold. Check the state table on our lien waiver page, and have an attorney look at anything unusual.

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Free Conditional Lien Waiver Template (Progress and Final) | Koira