Draft — not yet published. Goes live only when every statutory fact is filled AND a human has signed off (reviewed). Until then it is noindex and excluded from the sitemap.

Lien waivers by state · Utah

Utah lien waiver requirements

Utah is a statutory-form state

Utah is one of roughly a dozen states that regulates lien waivers by statute. Utah Code § 38-1a-802 prescribes statutory waiver-and-release forms (a conditional waiver for progress payments and a waiver on final payment), and a waiver is enforceable only if it substantially follows the statutory form and contains the required statutory elements, is in writing, and is signed by the claimant or the claimant's authorized agent. Notably, all Utah lien waivers are conditional in effect: if payment is made by check that fails to clear, the waiver and release is void.

Statute: Utah Code § 38-1a-802 (Title 38, Chapter 1a, Part 8)

Utah lien waiver forms

The four standard waiver-and-release types and Utah’s rules for each.
Waiver type	Statutory form?	Notarized?
Conditional waiver and release on progress payment
Unconditional waiver and release on progress payment
Conditional waiver and release on final payment
Unconditional waiver and release on final payment

Requirements at a glance

Notarization: The statutory lien-waiver forms do not require notarization. (Notarization is separately required for recording the mechanics lien itself, but not for waivers.) Parties may contractually elect to require notarization, but the statute does not.
Mandatory statutory language: A waiver must be substantially in the statutory form set out in Utah Code § 38-1a-802 (conditional progress-payment form or final-payment form). Alternative wording is allowed only if it includes the statutorily required elements: a statement that it is a waiver under Utah law; identifying lien/payment information (project name and location, claimant's customer, invoice/payment amount); a statement of the waiver's effect on lien rights and its conditional effectiveness; and confirmation regarding subordinate claims. Non-conforming waivers are unenforceable.
Electronic signatures accepted

Key Utah deadlines

Preliminary / pre-lien notice: Within 20 days of first furnishing labor or materials, filed with the Utah State Construction Registry (SCR). Late notice protects only work performed from 5 days before filing onward; if a Notice of Completion is filed, the preliminary notice must be filed within 10 days of that notice.
Notice of intent to lien: Not required. Utah does not require a Notice of Intent to Lien before filing.
Mechanics lien filing deadline: Within 180 days after completion of the original contract; reduced to 90 days after a Notice of Completion is filed in the SCR.

Utah lien waiver FAQ

Does Utah require a specific lien waiver form?

Yes. Utah Code § 38-1a-802 prescribes statutory waiver forms (a conditional progress-payment waiver and a final-payment waiver). A waiver must substantially follow the statutory form (or include all of the required statutory elements) to be enforceable; non-conforming waivers are invalid.

Do lien waivers need to be notarized in Utah?

No. Utah lien waivers do not need to be notarized. (Notarization is required for the recorded mechanics lien itself, but not for waivers.) A party may contractually choose to require it, but the statute does not.

Can lien waivers be signed electronically in Utah?

Yes. Utah does not require lien waivers to be notarized, and under the E-Sign Act and Utah's adoption of UETA, electronic signatures on lien waivers are valid.

What is the deadline to file a mechanics lien in Utah?

Within 180 days after completion of the original contract. That deadline is shortened to 90 days if a Notice of Completion is filed with the Utah State Construction Registry. A preliminary notice (within 20 days of first furnishing) is also required to preserve lien rights.