Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.
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.
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