How to fill out the various sections of the California #1 Conditional Lien Waiver and Release Upon Progress Payment form

First an image of the #1 release form with reference numbers assigned to the sections… :o)

And now for an explanation of the sections…

Section 1

Typically the claimant is the person/entity completing the form however…

If you're filling in the form on behalf of another party you'll enter that party's information on that line.

Section 2

If you're working for a general contractor (nka [now known as] direct contractor) then that's who you'll enter on that line.

If you're working directly with the owner then the Owner's name gets entered on this line; in which case the information in the in the Owner and Customer fields would be the same.

Section 3

Enter the job location here whether it be address or property location descriptions, etc. just be sure to make it as descriptive as possible.

Section 4

In this field put the name(s) of the owner(s) of the property that you are performing work on.

Section 5

'Through date' - a phrase that often raises the question "What's a through date?" ;o)

What that means is the date that you've invoiced through.

For example say you'll be on a project for 3 months and you're invoicing monthly. Your first month is January.

Sometime near the beginning of the next month (February) you'll be invoicing for the entire month of January (through January 31, nothing for February).

The last date that you invoice through is the date that gets entered into the 'through date' field.

Even though you're still on the project in February you're releasing only through the end of January because that's the date you invoiced through - Jan 31.

You won't be invoicing for work done in the month of February, until March, so the invoice that you're putting together for January's work wouldn't cover any work performed in February; you most definitely do not want to provide a release with a 'through date' beyond Jan. 31 because then you're facing the very real risk of working for free!

So the 'through date' is the date you're invoicing through.

Section 6

There is no guidance within the law regarding how to find out who the maker of the check is.

Typically the maker would be your customer but it could also be a lender or escrow company or …

Your best bet is probably to ask your customer to tell you the name of the person/company that will be writing the check.

Section 7

This one's easy! It's the dollar amount that you're invoicing for.

Section 8

This one's also easy … put in there who you want the check made out to. :)

Sections 9 and 10

The two areas are used any time you haven't yet been paid on a prior invoice/release and you're issuing a new one for the next period of time.

Sections 11, 12, and 13

The person listed as the claimant will be the one to sign here; the person's title can be filled in with the computer before printing the form or after, it's entirely your choice. :) Same with the date of the signature.

Section 14

This section is not required; it's provided to help with tracking your projects but you're not required to put anything in there.

These forms can seem intimidating but once you've done a couple you'll be a pro, it'll be old hat to you!

Here's to a smooth project and all bills being paid on time!! :o)

And also here's a link to the #2 California Unconditional Lien Waiver/Release Form - you'll need this form after you get paid on your invoice/#1 release. The #2 'seals the deal' on each payment meaning you no longer have lien rights on the portion of the project that you've been paid for, which is the way it should be anyway. :)

Take a look at the entire package

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California Conditional Waiver and Release On Progress Payment
Use when submitting an invoice/request for a partial/progress payment.

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