Emery County Conditional Lien Waiver on Progress Payment Form (Utah)
All Emery County specific forms and documents listed below are included in your immediate download package:
Conditional Lien Waiver on Progress Payment Form
Fill in the blank Conditional Lien Waiver on Progress Payment form formatted to comply with all Utah recording and content requirements.
Included Emery County compliant document last validated/updated 9/2/2024
Conditional Lien Waiver on Progress Payment Guide
Line by line guide explaining every blank on the form.
Included Emery County compliant document last validated/updated 6/6/2024
Completed Example of the Conditional Lien Waiver on Progress Payment Document
Example of a properly completed form for reference.
Included Emery County compliant document last validated/updated 9/17/2024
The following Utah and Emery County supplemental forms are included as a courtesy with your order:
When using these Conditional Lien Waiver on Progress Payment forms, the subject real estate must be physically located in Emery County. The executed documents should then be recorded in the following office:
Emery County Recorder
75 East Main St, Rm 104 / PO Box 698, Castle Dale, Utah 84513
Hours: 8:30am to 5:00pm M-F
Phone: (435) 381-3520
Local jurisdictions located in Emery County include:
- Castle Dale
- Clawson
- Cleveland
- Elmo
- Emery
- Ferron
- Green River
- Huntington
- Orangeville
How long does it take to get my forms?
Forms are available immediately after submitting payment.
How do I get my forms, are they emailed?
Immediately after you submit payment, the Emery County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.
What does "validated/updated" mean?
This indicates the most recent date when at least one of the following occurred:
- Updated: The document was updated or changed to remain compliant.
- Validated: The document was examined by an attorney or staff, or it was successfully recorded in Emery County using our eRecording service.
Are these forms guaranteed to be recordable in Emery County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Emery County including margin requirements, content requirements, font and font size requirements.
Can the Conditional Lien Waiver on Progress Payment forms be re-used?
Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Emery County that you need to transfer you would only need to order our forms once for all of your properties in Emery County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by Utah or Emery County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
What type of files are the forms?
All of our Emery County Conditional Lien Waiver on Progress Payment forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.
Do I need any special software to use these forms?
You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.
Do I have to enter all of my property information online?
No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
Can I save the completed form, email it to someone?
Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.
Are there any recurring fees involved?
No. Nothing to cancel, no memberships, no recurring fees.
In Utah, mechanic's liens are governed under Title 38, Chapter 1A of the Utah Code.
Throughout the construction process, claimants (eligible contractors) may elect to serve the property owner with a lien waiver in exchange for partial or full payment. Title 38, Chapter 1a, Section 802 sets forth requirements for lien waivers.
The term "waiver" refers to giving up a legal right. In this case, the person granting the waiver is giving up the right to seek a mechanic's lien for all or part of the amount due. This assurance is usually enough to induce the other party to pay. Many states authorize both conditional and unconditional waivers. In Utah, however, if the payment given in exchange for any waiver and release of lien is made by check; and the check fails to clear the depository institution on which it is drawn for any reason, the waiver and release is void. Id. So, in contrast to other states, Utah offers stronger protection for contractors using lien waivers.
A claimant's written consent that waives or limits the claimant's lien rights is enforceable only if the claimant executes a waiver and release that is signed by the claimant or the claimant's authorized agent; or for a restrictive endorsement on a check, includes a restrictive endorsement on a check that is signed by the claimant or the claimant's authorized agent; and includes restrictive language that specifies that payment is for a waiver. 38-1A-802.
For any waiver to be effective, the claimant must also receive payment of the amount identified in the waiver and release or check that includes the restrictive endorsement, including payment by a joint payee check; and for a progress payment, only to the extent of the payment. Id.
Use the "Conditional Waiver and Release of Lien upon Progress Payment" if the claimant is required to execute a waiver and release in exchange for or to induce the payment of a progress billing. 38-1A-802(4)(b). The document includes the property name (if any), property location, customer's name, invoice or payment application number, payment amount, and payment period. Id. Sign and date the form in the presence of a notary, then submit it to the local recording office if the claimant is releasing part of a previously filed lien. Otherwise, deliver it to the customer and/or property owner in exchange for the progress payment.
This article is provided for informational purposes only and should not be relied upon as a substitute for advice from an attorney. Please contact a Utah attorney with any questions regarding construction liens or lien waivers.
Our Promise
The documents you receive here will meet, or exceed, the Emery County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
Save Time and Money
Get your Emery County Conditional Lien Waiver on Progress Payment form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.
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