Utah lien waiver
Utah prescribes the wording of its lien waivers in Utah Code § 38-1a-802. The generator prints the statutory text and fills only the blanks, so the waiver is the one the payer's accounting department expects to see.
Conditional waiver on progress paymentUtah Code § 38-1a-802(4)(b)Conditional waiver on final paymentUtah Code § 38-1a-802(4)(c)
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What Utah requires
- Form
- A waiver takes effect when the claimant endorses the check and the bank pays it; there is no unconditional form, and a check that fails to clear voids the waiver.
- Notary
- Not required; the statutory form has no notary block.
- Bounced check
- The waiver is void if the check fails to clear.
- Statute
- Utah Code § 38-1a-802
Utah lien waiver FAQ
Yes. A waiver takes effect when the claimant endorses the check and the bank pays it; there is no unconditional form, and a check that fails to clear voids the waiver. (Utah Code § 38-1a-802)
A conditional waiver takes effect only when the payment it names actually clears; if the check bounces, the lien rights survive. An unconditional waiver takes effect the moment it is signed, whether or not the money ever arrives. Sign an unconditional waiver only after the funds have cleared; sign a conditional one to get the payment released.
A progress waiver releases rights for work through a stated date, for a stated payment, and keeps retainage, unpaid extras and later work. A final waiver releases everything on the job except disputed claims you list. Use progress waivers with each pay application and the final waiver with the last check.
No. The statutory form has no notary block, and adding one changes the form; leave it off unless the payer insists in writing.
In Utah a waiver is void if the check it was given for fails to clear, and your lien rights survive. That only helps when you are paid by check: an unconditional waiver signed before a wire or ACH payment lands, or before any payment at all, is still enforceable.
General contractors with every pay application, owners and their lenders before releasing funds, title companies before a sale or refinance closes, and mortgage servicers before endorsing an insurance claim check. Each wants proof that paying you does not leave a lien on the property.
Other statutory states
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