Davis County Conditional Lien Waiver on Progress Payment Form

Davis County Conditional Lien Waiver on Progress Payment Form
Fill in the blank Conditional Lien Waiver on Progress Payment form formatted to comply with all Utah recording and content requirements.

Davis County Conditional Lien Waiver on Progress Payment Guide
Line by line guide explaining every blank on the form.

Davis County Completed Example of the Conditional Lien Waiver on Progress Payment Document
Example of a properly completed form for reference.
All 3 documents above included • One-time purchase • No recurring fees
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Additional Utah and Davis County documents included at no extra charge:
Where to Record Your Documents
Davis County Recorder
Farmington, Utah 84025
Hours: 8:00am to 5:00pm M-F
Phone: (801) 451-3225
Recording Tips for Davis County:
- Bring your driver's license or state-issued photo ID
- Documents must be on 8.5 x 11 inch white paper
- Verify all names are spelled correctly before recording
- Leave recording info boxes blank - the office fills these
- Both spouses typically need to sign if property is jointly owned
Cities and Jurisdictions in Davis County
Properties in any of these areas use Davis County forms:
- Bountiful
- Centerville
- Clearfield
- Farmington
- Hill Afb
- Kaysville
- Layton
- North Salt Lake
- Syracuse
- Woods Cross
Hours, fees, requirements, and more for Davis County
How do I get my forms?
Forms are available for immediate download after payment. The Davis County forms will be in your account ready to download to your computer. An account is created for you during checkout if you don't have one. Forms are NOT emailed.
Are these forms guaranteed to be recordable in Davis County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Davis County including margin requirements, content requirements, font and font size requirements.
Can I reuse these forms?
Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Davis County you only need to order once.
What do I need to use these forms?
The forms are PDFs that you fill out on your computer. You'll need Adobe Reader (free software that most computers already have). You do NOT enter your property information online - you download the blank forms and complete them privately on your own computer.
Are there any recurring fees?
No. This is a one-time purchase. Nothing to cancel, no memberships, no recurring fees.
How much does it cost to record in Davis County?
Recording fees in Davis County vary. Contact the recorder's office at (801) 451-3225 for current fees.
Questions answered? Let's get started!
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.
Important: Your property must be located in Davis County to use these forms. Documents should be recorded at the office below.
This Conditional Lien Waiver on Progress Payment meets all recording requirements specific to Davis County.
Our Promise
The documents you receive here will meet, or exceed, the Davis County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
Save Time and Money
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