Utah Conditional Lien Waiver on Progress Payment

County Specific Legal Forms Validated as recently as April 22, 2026 by our Forms Development Team

About the Utah Conditional Lien Waiver on Progress Payment

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In Utah, mechanic's liens are governed under Title 38, Chapter 1A of the Utah Code.

Throughout the construction process, claimants (eligible contractors) may elect to serve the property owner with a lien waiver in exchange for partial or full payment. Title 38, Chapter 1a, Section 802 sets forth requirements for lien waivers.

The term "waiver" refers to giving up a legal right. In this case, the person granting the waiver is giving up the right to seek a mechanic's lien for all or part of the amount due. This assurance is usually enough to induce the other party to pay. Many states authorize both conditional and unconditional waivers. In Utah, however, if the payment given in exchange for any waiver and release of lien is made by check; and the check fails to clear the depository institution on which it is drawn for any reason, the waiver and release is void. Id. So, in contrast to other states, Utah offers stronger protection for contractors using lien waivers.

A claimant's written consent that waives or limits the claimant's lien rights is enforceable only if the claimant executes a waiver and release that is signed by the claimant or the claimant's authorized agent; or for a restrictive endorsement on a check, includes a restrictive endorsement on a check that is signed by the claimant or the claimant's authorized agent; and includes restrictive language that specifies that payment is for a waiver. 38-1A-802.

For any waiver to be effective, the claimant must also receive payment of the amount identified in the waiver and release or check that includes the restrictive endorsement, including payment by a joint payee check; and for a progress payment, only to the extent of the payment. Id.

Use the "Conditional Waiver and Release of Lien upon Progress Payment" if the claimant is required to execute a waiver and release in exchange for or to induce the payment of a progress billing. 38-1A-802(4)(b). The document includes the property name (if any), property location, customer's name, invoice or payment application number, payment amount, and payment period. Id. Sign and date the form in the presence of a notary, then submit it to the local recording office if the claimant is releasing part of a previously filed lien. Otherwise, deliver it to the customer and/or property owner in exchange for the progress payment.

This article is provided for informational purposes only and should not be relied upon as a substitute for advice from an attorney. Please contact a Utah attorney with any questions regarding construction liens or lien waivers.

How to Use This Form

Select your county from the list above
Download the county-specific form
Fill in the required information
Have the document notarized if required
Record with your county recorder's office

What Others Like You Are Saying

— Amie S.

"The forms that I downloaded from Deeds were perfect for what I needed. I even checked with a lawyer …"

— Pat H.

"As good as any of the rip off document services on the internet. Received the documents through dow…"

— John G.

"Very straightforward ordering process to obtain the forms I needed. Thank you."

— Lauren W.

"I took a chance and downloaded the Beneficiary Deed form -- would have liked to have been able to se…"

— michael o.

"After trying to get help locally I found your website. Very easy"

Common Uses for Conditional Lien Waiver on Progress Payment

Provide notice of intent to file a lien for unpaid work
Document partial payment received on a construction project
Provide required pre-lien notice before filing a claim
Establish a legal claim against property for unpaid labor

Compare other Utah deed forms and documents

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Important: County-Specific Forms

Our conditional lien waiver on progress payment forms are specifically formatted for each county in Utah.

After selecting your county, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.

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