Utah lien waiver forms, free and on the statutory wording
Utah prescribes two forms, a conditional waiver on progress payment and a waiver on final payment, and adds something most states leave out: a rule that says what happens when the check does not clear.
A waiver meets the statute if it is substantially in the prescribed form. If a claimant signs one and then does not receive the payment, the waiver is void and no lien, bond or contract right is affected.
Read the law: Utah Code section 38-1a-802le.utah.gov
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Which of the Utah forms you need
- Utah Conditional Waiver and Release Upon Progress Payment. You are being asked to sign before the progress payment clears. This one only takes effect once the check is actually paid by the bank, so if the check bounces you still have your lien.
- Utah Waiver and Release Upon Final Payment. Use this for the last payment on the job. It releases everything, including retainage, so it is the one to read twice.
The void rule is better than a condition
Most states make a conditional waiver depend on the check clearing. Utah goes further and says that where the claimant is not paid, the waiver and release is void, and then lists what is not affected: any lien, any lien right, any bond right, any contract right, and any other right to recover payment.
That list is worth reading once. It is the most explicit statement in any of these statutes of what a failed payment does not take from you.
A restrictive endorsement counts
Utah treats a restrictive endorsement on a check as a form of waiver where it is signed by the claimant or an authorized agent and is substantially in the form the statute sets out.
Which means the small print somebody stamps on the back of a check can be a waiver in Utah. Read the back of the check before you endorse it.
Two forms, not four
The conditional progress form and the final payment form are the whole set. The final form takes effect on the same two conditions, that you endorse a check in the stated amount and that the check is paid by the depository institution.
So in Utah both forms behave conditionally by construction.
Questions people ask
What happens in Utah if I sign a waiver and the check bounces?
The statute says the waiver and release is void, and that no lien, lien right, bond right, contract right or other right to recover payment is affected by your having signed it.
Can a check endorsement be a lien waiver in Utah?
Yes. Utah Code 38-1a-802 treats a signed restrictive endorsement that is substantially in the prescribed form as a waiver. Read the back of a check before endorsing it.
Does Utah have an unconditional waiver form?
Not as a separate prescribed form. Both statutory forms take effect on the check being paid, which is the conditional pattern.
Does a Utah lien waiver need to be notarized?
No notary block appears in the statutory forms and the section does not require one.
Working outside Utah? The general lien waiver forms cover the states that prescribe no wording, and conditional vs unconditional lien waiver explains which of the two to sign.