Emery County Waiver and Release on Final Payment Forms (Utah)

Form Package

Waiver and Release on Final Payment

State

Utah

Area

Emery County

Price

$27.97

Delivery

Immediate Download

Payment Information

Email:

Please provide a valid email.

First Name

Please provide a valid first name.

Last Name

Please provide a valid last name.

Credit Card Type Select Card Type Visa Mastercard American Express Discover

Credit Card Number

Please provide a valid card number.

Expiration Month Select Month 01 - January 02 - February 03 - March 04 - April 05 - May 06 - June 07 - July 08 - August 09 - September 10 - October 11 - November 12 - December

Expiration Year Select Year202420252026202720282029203020312032203320342035203620372038203920402041204220432044

Card Security Code

Please provide a valid security code.

Billing Zip Code

Please provide a valid billing zip code.

Phone Number:

I agree to the Terms of Use and I understand I am purchasing blank real estate deed forms and not a copy of my existing deed.

You must agree before submitting.

Place Order - Download

More info on getting a copy of your existing deed and eRecording.

Included Forms

All Emery County specific forms and documents listed below are included in your immediate download package:

Included Supplemental Documents

The following Utah and Emery County supplemental forms are included as a courtesy with your order.

Frequently Asked Questions:

Areas Covered by These Waiver and Release on Final Payment Forms:

• Emery County

Including:

• Castle Dale
• Clawson
• Cleveland
• Elmo
• Emery
• Ferron
• Green River
• Huntington
• Orangeville

What is the Utah Waiver and Release on Final Payment

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.

Our Promise

The documents you receive here will meet, or exceed, the Emery 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

Get your Emery County Waiver and Release on Final Payment form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.

Reviews

4.8 out of 5 (4323 Reviews)