Statutory forms, Utah Code § 38-1a-802

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.

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.

Conditional Progress

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.

Conditional Final

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.

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.

Create a free Utah lien waiver

The correct Utah form, filled in and ready to download in about two minutes. Free to generate and download. Upgrade only when you want e-signature and automatic reminders.

Working in another state?

Every state's waiver rules are different. Check before you sign.