Utah is just one of the 12 states that provide statutory lien waivers. This article is meant to be a step-by-step guide on how to fill out one of the two Utah statutory lien waiver forms; the Utah Conditional Waiver on a Progress Payment.
Utah conditional progress lien waivers
The Utah lien waivers are pretty simple and straightforward, especially conditional waivers for progress payments. Progress payment waivers are pretty self-explanatory. This waiver should be used either to exchange or induce a progress payment on a construction project. There may still be future payments being expected, but this waiver applies only to a specific payment period.
Utah’s progress lien waivers, fortunately, come in only one form; conditional. This means the validity of the lien waiver is conditional upon the receipt of payment. If payment never comes, then no lien rights will be waived.
How to fill out a Utah conditional progress lien waiver
If the project has a designated title, then this is where the name would be added. If there is no official project name, then this section can simply be filled out by adding the street number and the street name. For example, 123 Road St.
This is where the full address of the project is located. A complete legal description of the property is unnecessary. Just the full municipal address will be sufficient.
The undersigned if the person signing the lien waiver; meaning you! The customer isn’t always going to be the owner. If you are a subcontractor or a lower tiered party on the project, then this will be the person who hired you.
Invoice/Payment application number
Pay applications and invoices will typically include a number for organizational purposes. That number should be added to this section to identify the pay application or that is included, or reference the pay request that has already been sent.
The payment amount is pretty straightforward. It is the dollar amount of work in which payment is expected.
Also known as a “through date” is particular to progress payment lien waivers. This is, hands down, the most important section to fill out on a lien waiver, and thankfully Utah makes this clear that it is not the date of executing the lien waiver, but rather the time period in which the labor, services, or materials were provided.
This is much easier, this is the date the claimant signed the lien waiver.
Another gimmie here. Who is waiving their lien rights? Get the full company name on there, including the “LLC” or “Inc.” if it’s in there.
Time to sign the waiver, this should be done by an authorized representative or agent of the company waiving the rights. Print the name next to it.
This is the title or name of the position of the person signing has in the company.
Executing a proper lien waiver isn’t difficult, but it’s important to get it right the first time. Any mistake could end up invalidating the form and further delaying payment.