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The Utah lien waiver statute specifically states that a waiver of lien rights is only enforceable if the claimant receives payment of the amount identified in the waiver. Utah also adds an extra layer of protection against non-payment.
Both types of construction mechanics liens in Utah need to be recorded at the county recorder's office in the county in which the property is located. After this step is completed, a project participant has 30 days to then send notice to the property owner via certified mail with return receipt requested.
If someone believes a wrongful lien has been placed on their real property, they can ask the court for an injunction to remove or "nullify" the lien by filing a petition.
Must a Utah lien waiver be notarized? No. Utah statute does not require that a lien waiver be notarized.
Section 41-1a-608 - Release by lienholder to owner (1) A person holding a lien or encumbrance as shown upon a certificate of title upon a vehicle or vessel may release the lien or encumbrance or assign his interest to the owner without affecting the registration of the vehicle or vessel.