What Is a Waiver of Lien to Date?

A waiver of lien to date is a lien waiver that gives up your lien rights for labor and materials furnished up to a stated cut-off, usually in exchange for a progress payment. "To date" is industry shorthand, not a statutory title. In states that prescribe waiver forms, the same document is usually called a waiver and release on (or upon) progress payment. Retention, work after the cut-off, and the exceptions you list are generally left out, but only to the extent the form you sign says so.

This article explains what the phrase means, how it differs from a final waiver, what it usually does and doesn't release, and how it fits with your notice and lien deadlines. The state examples were checked against the published statute text in September 2026. Confirm the current rule and form for your project's state before relying on any of them.

What "waiver of lien to date" means

The "to date" part is the cut-off, often called the through date: the waiver covers what you furnished up to that point, not the whole job. Two statutory forms show the idea plainly:

• California's progress-payment forms include a "Through Date" field and release rights for labor, service, equipment, and material provided "through the Through Date of this document" (Cal. Civ. Code §§ 8132, 8134).
• Florida's progress-payment form releases lien rights for labor, services, or materials "furnished through" a date you insert, and states that it does not cover retention or anything furnished after that date (Fla. Stat. § 713.20(4)).

Not every state uses a calendar date as the cut-off. Texas's statutory progress-payment forms cover the work shown in the attached statements or payment requests (Tex. Prop. Code § 53.284), and Nevada's are tied to a specific invoice or payment application and limited to the payment amount (NRS 108.2457). So in practice, "to date" means "through whatever cut-off the form uses," whether that's a date or a pay application.

Florida also shows the limit on what can be waived: a lien right may be waived only to the extent of labor, services, or materials already furnished, and a waiver made in advance is unenforceable (Fla. Stat. § 713.20(2)).

Progress vs. final waivers

A waiver of lien to date is a progress waiver, sometimes called a partial waiver. The difference from a final waiver is scope:

• Progress waiver (to date): covers a slice of the job, through the cut-off date or pay application. The statutory progress forms above leave retention outside the release.
• Final waiver: covers the whole job. California's final-payment forms have no through date, and the unconditional version states that the claimant has been paid in full (Cal. Civ. Code §§ 8136, 8138).

In California, Texas, and Nevada, each comes in a conditional version, which takes effect only when the payment is actually received, and an unconditional version, which takes effect when signed. California's unconditional form warns the signer that it is enforceable "even if you have not been paid," and Texas prohibits requiring an unconditional waiver unless the claimant has received that payment in good and sufficient funds (Tex. Prop. Code § 53.283). Florida's forms aren't split that way, but a lienor who signs a waiver in exchange for a check may condition it on payment of the check (Fla. Stat. § 713.20(7)).

For which version to sign and when, see conditional vs. unconditional lien waivers. For field-by-field help, see lien waiver forms explained.

What a waiver to date usually does and does not release

Read the release language, not just the title. In the statutory forms checked for this article:

It usually releases:

• Lien rights for the covered work, through the cut-off date or pay application.
• Often more than lien rights. California's forms also release stop payment notice and payment bond rights. Texas's forms reach payment bond rights and "any claim for payment," and Nevada's reach private bond rights and any claim for payment.
• Signed change orders, in California. Rights under written change orders fully executed before you sign are released unless you list them as exceptions.

It usually does not release:

• Retention. The California, Florida, Texas, and Nevada progress forms all carve it out.
• Work after the cut-off. Florida's form says so expressly.
• Unpaid extras and pending changes. California excepts extras you haven't been paid for. Texas excepts pending modifications and changes. Nevada excepts items, modifications, or changes pending approval, and disputed items and claims.
• Exceptions you list. Florida's statute contemplates waivers for work through a certain date "subject to exceptions specified at the time of release."

Nonstatutory forms can reach further. California, Texas, and Nevada generally make a waiver unenforceable unless it follows the statutory form (California and Texas require substantial compliance), with narrow exceptions such as full payment in California and Texas, settlements, and a Texas lien waiver written into a single-family, townhouse, or duplex contract before work starts. Florida bars anyone from requiring a lienor to use a different form, but a waiver that isn't substantially similar to the statutory forms is still enforceable according to its own terms (Fla. Stat. § 713.20(6), (8)). An owner's or lender's custom "waiver to date" can therefore release more than you intended.

How a waiver to date fits with notices and deadlines

A waiver doesn't change how your deadlines are counted. Lien deadlines run from statutory events, such as your final furnishing in Florida or the completion of the work of improvement in California, not from the date of a waiver or a payment.

That has three practical consequences:

1. Unpaid later work is still on the clock. Work after the cut-off stays outside the release, but it's protected only if you meet the notice and lien deadlines that apply to it.
2. A conditional waiver doesn't stop the clock. If the payment behind a conditional waiver never arrives, the waiver doesn't take effect, but your filing window keeps running while you wait.
3. Waivers don't replace notices. Preliminary notices and any required notice of intent to lien have their own deadlines, and a clean waiver history doesn't satisfy them.

Keep a log of every waiver with its cut-off, amount, and exceptions, so you always know which work is still unwaived. Reconcile the balance against that log before you send a notice of intent or record a notice of lien. Waiver exchange without deadline drift shows one way to run that exchange.

To see the deadlines behind each payment, the free lien deadline calculator returns reviewed supplier deadline baselines for Florida and Kansas; other states return a review-required result. The state lien guides summarize the rules for all 50 states and Washington, DC.

Frequently asked questions

Does a waiver of lien to date cover retention?

Not in the statutory progress forms reviewed here. California, Florida, Texas, and Nevada all carve retention out of the progress-payment release. A custom form may not, so check its wording before you sign.

Is a waiver of lien to date conditional or unconditional?

It can be either. A conditional version takes effect only when the payment is received. An unconditional version takes effect when you sign it, and California's form warns that it is enforceable even if you haven't been paid. (Nevada voids a waiver given for a check that doesn't clear, NRS 108.2457(5)(e), but don't sign on that assumption.) The California, Texas, and Nevada unconditional forms all tell a signer who hasn't been paid to use a conditional form instead.

What date should go in the through date?

The last day of labor or materials the payment actually covers, which is usually the end of the billing period in the pay application. Dating it later than the work being paid for can waive lien rights for work you haven't been paid for yet.

Can someone require me to sign a waiver of lien to date before I'm paid?

They can ask for a conditional waiver, which is what the conditional forms are for. Texas specifically prohibits requiring an unconditional waiver for a progress or final payment unless you have received that payment. Rules differ by state, so check the statute or ask counsel before you sign.

This is operational guidance, not legal advice. Use counsel-approved policies for final notice and lien decisions.