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.
Download a Utah Conditional Progress Waiver
How to fill out a Utah conditional progress lien waiver
Property name
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.
Property location
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.
Undersigned’s customer
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.
Payment amount
The payment amount is pretty straightforward. It is the dollar amount of work in which payment is expected.
Payment period
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.
Dated
This is much easier, this is the date the claimant signed the lien waiver.
Company Name
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.
By
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.
Its
This is the title or name of the position of the person signing has in the company.
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Bottom line
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.
Additional Resources
- Utah Lien Waiver & Forms – All You Need to Know
- Guide to Utah’s Final Lien Waiver [Free Download]
- Ultimate Guide to Lien Waivers
![Guide to Utah's Conditional Progress Lien Waivers [Free Download]](https://www.levelset.com/wp-content/uploads/2019/06/Guide-to-Utah-Conditional-Progress-Lien-Waivers.jpg)
