Utah Waiver and Release on Final Payment

County Specific Legal Forms Validated as recently as April 2, 2026 by our Forms Development Team

About the Utah Waiver and Release on Final Payment

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How to Use This Form

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

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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 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. In many states, waivers can be conditional or unconditional. In Utah, however, all lien waivers are conditional, meaning 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. 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 an 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. Utah Code Ann. 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. Id.

Use the "Waiver and Release of Lien upon Final Payment" in exchange for or to induce a final payment. Utah Code Ann. 38-1A-802(4)(c). The document includes the property name (if any), property location, customer's name, invoice or payment application number, and payment amount. Id. Sign and date the document in the presence of a notary, then submit it to the local recording office if the claimant is releasing a previously filed lien. If the claimant is simply waiving lien rights, deliver the signed waiver to the customer and/or property owner in exchange for the final 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

— Della F.

"Always total satisfaction when information is needed. Request for information provided quickly from …"

— Joan P.

"Thank you for combining all necessary documents in one simple location."

— DOYCE F.

"Very helpful.Thank you"

— Melisa H.

"Quick turnaround and superior customer service from my reviewer. Above and beyond my expectations an…"

— LINDA S.

"This was SO much easier than having to go down to the county recorder's office. I would definitely u…"

Common Uses for Waiver and Release on Final Payment

Document partial payment received on a construction project
Notify a property owner of unpaid construction debts
Document a change order that affects the scope of a project
Protect a supplier's right to payment for delivered materials
Establish priority of a construction lien on a property
Establish a legal claim against property for unpaid labor
Document a lien waiver upon receipt of progress payment

Compare other Utah deed forms and documents

Quitclaim Deed Gift Deed Transfer on Death Deed Warranty Deed Special Warranty Deed Grant Deed Correction Deed Easement Deed Termination of Easement Personal Representative Deed Deed of Distribution Affidavit of Surviving Joint Tenant Deed of Trust and Promissory Note Substitute of Trustee for Deed of Trust Full Reconveyance for Deed of Trust Trustee Deed Certificate of Trust Notice of Completion Preliminary Notice of Lien Notice of Claim Acknowledgment of Satisfaction Complaint for Amount Owed Conditional Lien Waiver on Progress Payment Disclaimer of Interest Mineral Deed Mineral Quitclaim Deed Notice of Lis Pendens Release of Notice of Lis Pendens Special Durable Power of Attorney for the Purchase of Property Special Durable Power of Attorney for the Sale of Property

Important: County-Specific Forms

Our waiver and release on final 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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