Utah law (Utah Code § 38-1a-802) prescribes two forms — progress payment and final payment — reproduced here word for word. Every Utah waiver is effective only once the check is actually paid by the bank. Pick your situation:
Utah has two forms. Use the Conditional Waiver and Release Upon Progress Payment for a progress billing, and the Waiver and Release Upon Final Payment for the final billing. Both become effective only when your check is endorsed and paid by the bank it is drawn on — if the check bounces, the waiver is void by statute (§ 38-1a-802(3)).
Utah Code § 38-1a-802(4) provides two forms: the Utah Conditional Waiver and Release Upon Progress Payment for a progress billing, and the Utah Waiver and Release Upon Final Payment for a final billing. A waiver is enforceable only if it substantially follows these forms and the claimant actually receives payment.
No. Utah's statutory scheme makes every waiver effectively conditional: under § 38-1a-802(2)(b), a waiver and release is enforceable only if the claimant receives payment of the amount identified in it, and under subsection (3), if the check given in exchange fails to clear, the waiver is void and no lien, bond, or contract rights are affected.
No. Section 38-1a-802 of the Utah Code requires the waiver to be signed by the claimant or the claimant's authorized agent and to substantially follow the statutory form. It imposes no notarization and no witness requirement.
The statutory progress form states that the waiver applies only to the extent of the Payment Amount and does not apply to any retention withheld, any items, modifications, or changes pending approval, disputed items and claims, or items furnished or invoiced after the Payment Period written on the form.
Yes. Utah Code § 38-1a-802(4)(d) prescribes a restrictive endorsement that can be placed on a check to effectuate a waiver and release. The person preparing the check must circle "progress" or "final" to indicate the payment type; if neither is indicated, it is considered a progress payment.
Statutory forms for nearby states: Arizona, Nevada and Wyoming. ← Back to all states · Which states require a statutory lien waiver form? (reference table)
This tool is not a law firm and does not provide legal advice. Statutory text verified 2026-09-09 against the Utah Legislature's official site (le.utah.gov). Not a substitute for a licensed Utah attorney.