Utah is just one of the 12 states that provide statutory lien waivers. This post is a step-by-step guide on filling out one of the two statutory lien waiver forms; the Utah Final Payment Lien Waiver.
Utah final payment lien waivers
The Utah lien waivers are pretty simple and straightforward as they only provide two to choose from. This form is meant to be used upon receipt of final payment during the closeout of the project. Basically, if the potential lien claimant is not expecting any future payments, then this is the form to use.
Unlike other state lien waiver forms, this isn’t categorized as conditional or unconditional. However, taking the statute into consideration and the language on the lien waiver itself it operates as a conditional waiver. The waiver form specifically states that the document becomes effective once “the check is paid by the depository institution on which it is drawn.” That sounds like conditional language to me, but unlike its progress payment lien waiver counterpart, there is no built-in exception for retainage or pending change orders. If any payments are yet to be approved or documented, then use a conditional progress waiver.
How to fill out a Utah final payment 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.
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.
Utah’s statutory lien waiver provisions were drafted to be as simple and fair as possible.
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.