Utah
Lien Waiver Forms
Utah Lien Waiver Forms: the Statutory Waivers Under Utah Code § 38-1a-802
State Rules
How Utah treats lien waivers
Utah voids every contractual or advance lien waiver (Utah Code § 38-1a-105); a claimant's waiver is enforceable only if the claimant signs a waiver and release and actually receives payment of the identified amount (§ 38-1a-802(2)). The statute supplies two substantially-similar form templates (the Utah Conditional Waiver and Release Upon Progress Payment and the Utah Waiver and Release Upon Final Payment), both of which take effect only once the claimant endorses a check in the referenced Payment Amount and the check is paid by the bank on which it is drawn. Utah prescribes no unconditional forms: § 38-1a-802(3) voids any waiver paid by a check that fails to clear, preserving all lien, bond, contract, and other recovery rights.
What to know about Utah lien waivers
- Utah has no unconditional waiver forms. Both statutory forms become effective only once the claimant endorses a check in the referenced Payment Amount and the check is paid by the depository institution on which it is drawn, and Utah Code § 38-1a-802(3) voids any waiver and release if the check fails to clear for any reason.
- The statutory forms are a safe harbor, not the only way to waive rights: under Lane Myers Constr. v. National City Bank, 2014 UT 58, signing any document containing release language and receiving payment can waive lien rights even if the document is not in the § 38-1a-802(4) form.
Utah lien waiver forms we generate
Utah prescribes the waiver language by statute; we generate the exact text of Utah Code § 38-1a-802, filled in with your project details.
Utah Conditional Waiver and Release Upon Progress Payment
Signed when a progress payment is promised: the waiver only takes effect once that payment actually arrives.
Utah Waiver and Release Upon Final Payment
Signed when the final payment is promised: waives all remaining lien rights, but only once the payment clears.
Download the blank Utah forms
The statutory text with every blank left empty, as a PDF to fill in by hand. Free, no account needed.
Signing a lien waiver in Utah
Execution rules (the form's wording, notarization, witnesses, and whether an electronic signature works) are set by state law. Here's what applies in Utah, built into every waiver we generate.
Advance waivers
Utah Code § 38-1a-105: a right or privilege under the lien chapter may not be waived or limited by contract, and any contract provision purporting to do so is void. The only exception is a waiver and release given in consideration of payment as provided in § 38-1a-802.
Utah execution rules
- ⚖ Statutory form: the waiver must substantially follow the form in Utah Code § 38-1a-802; we generate the statutory text as written.
- ✓ Notarization: not required in Utah.
- ✓ Witness: not required in Utah.
- ✓ E-signature: available. Send Utah waivers for electronic signature and get the signed copy stored with a tamper-evident audit certificate.
Utah lien waiver questions
Which lien waiver forms does Utah use?
Do Utah lien waivers need to be notarized?
What is the difference between a conditional and an unconditional lien waiver in Utah?
What is the difference between a progress and a final lien waiver in Utah?
Is a lien waiver signed in advance enforceable in Utah?
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Bordering states
Every state's waiver rules are different. Check before you sign.