Utah Lien Waivers Guide and FAQs

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Utah Lien Waiver FAQs

Utah Lien Waiver Overview

Utah Lien Waiver Rules


  • Rules At A Glance
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lien waivers regulated
Specific form Required

Utah provides specific statutory forms that must be used in order for a lien waiver to be valid.


lien waivers do not need to be notarized
Notarization Not Required

Utah lien waivers do not need to be notarized in order to be effective.


icon-can't waive lien rights
Cannot Waive Rights in Contract

Utah does not allow future mechanics lien rights to be waived or limited in contract prior to work and payment.


icon-can't waive lien rights
Cannot Waive Rights Before Payment

In Utah the right to a mechanics lien may not be waived or limited unless in consideration of payment.

Utah has an interesting history with lien waivers. In 2007, Utah enacted legislation broadly limiting lien waivers – but, in response to criticisms regarding that law – amended the law in the same year to provide ways in which a lien waiver could be enforceable. The statute was further amended in 2012.

Utah is one of the 12 states with specific lien waiver forms provided by statute, and in order to be valid. The two forms provided by Utah statute are the conditional progress payment lien waiver, and the final payment lien waiver. For guide on how to fill out these forms:

A Utah lien waiver must “substantially” in the form of the template provided. There was some leeway in determining what actually constituted “substantial compliance” with the statutory form in cases where other templates were used, but some clarity was eventually provided by Utah courts. In order for a lien waiver that is not specifically in the statutory form to be effective in Utah, the waiver must include specific elements:

1.    A statement that the document is intended by the signing party to be a waiver of lien rights in accordance with Utah law;

2.    Specific information related to the job and waived lien rights, including the name and location of the property, the name of the party that hired party waiving rights, and the payment amount subject to the waiver;

3.    An explicit notice to the waiving party that, by signing the waiver, s/he will be giving up rights to which s/he is otherwise entitled, and defining the conditions upon which waiver of those rights become effective;

4.    A statement that the waiving party has paid all obligations further down the payment chain subject to the waiver, or that the waiving party will make such payments using the funds received in exchange for the waiver.

Utah Lien Waivers FAQs

Utah's lien waiver rules and requirements are complex and can be difficult to understand. Utah provides a statutory lien waiver form that should be used, but non-statutory forms may be effective provided certain elements are met. This can create some murky situations. We have some of the most common questions about Utah's lien waiver rules below.

Utah Lien Waiver FAQs

Does Utah require a specific statutory lien waiver form?

Yes, Utah provides statutory forms for lien waivers, and in order for a lien waiver to be valid, it must “substantially comply” with the statutory form. A non-statutory form can still be effective, but in order to work it must canton certain elements.

What are the requirements for an Utah lien waiver? What makes a lien waiver binding?

A lien waiver is void unless in consideration of payment.  It must be in the statutory form or a form that is “substantially similar.”  The waiver must be in writing and signed by the claimant.

In order for a non-statutory form to substantially comply with the requirements, it must contain at least 4 specific elements:

1.    A statement that the document is intended by the signing party to be a waiver of lien rights in accordance with Utah law;

2.    Specific information related to the job and waived lien rights, including the name and location of the property, the name of the party that hired party waiving rights, and the payment amount subject to the waiver;

3.    An explicit notice to the waiving party that, by signing the waiver, s/he will be giving up rights to which s/he is otherwise entitled, and defining the conditions upon which waiver of those rights become effective;

4.    A statement that the waiving party has paid all obligations further down the payment chain subject to the waiver, or that the waiving party will make such payments using the funds received in exchange for the waiver.

Are Unconditional Lien Waivers Prohibited in Utah?

No, an unconditional lien waiver is not prohibited as long as it complies with Utah’s statutory requirements.

Is there a specific statutory prohibition on lien waivers in advance of payments, furnishing of work, or furnishing of materials in Utah?

Yes, Utah law specifies that the right to a mechanics lien may not be waived or limited unless in consideration of payment.

Must a Utah lien waiver be notarized?

No. Utah statute does not require that a lien waiver be notarized.

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Free Utah Lien Waivers Forms & Templates

Utah has specific lien waiver forms that can be used by everyone on an Utah construction project. Using these forms is safe, easy, stress-free, and fair for everyone involved. Under some circumstances, parties can agree to use other lien waiver forms in Utah, provided they meet specific and exacting requirements, but using the statutorily provided forms is a safe and easy bet to make sure the waiver is effective.

The forms provided here for free by Levelset are compliant with the Utah rules. You can download them free, or use our free system to send or request your compliant Utah lien waiver form.

Free Utah Lien Waiver Forms

These Utah lien waiver forms are compliant with the state's requirements, and match the statutory template. Make it easy, and use forms from the source you can trust.

Utah Waiver and Release Upon Final Payment Form - free from

Utah Waiver and Release Upon Final Payment Form

This waiver – the Conditional Waiver and Release on Final Payment – should be used when the final payment for a project is expected but...

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Utah Final Payment Lien Waiver Form - free from

Utah Final Payment Lien Waiver Form

The Utah final payment waiver should be used when the final payment for a project has been made and received by the party that furnished...

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Utah Waiver and Release Upon Progress Payment Form - free from

Utah Waiver and Release Upon Progress Payment Form

This waiver – the Conditional Waiver and Release on Progress Payment – should be used when a progress payment on the project is expected. There...

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