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Can I file a mechanics lien on a demolition project that's partially complete in Utah?

UtahPayment DisputesRecovery Options

I was working for someone who had a job on a house that was partly burnt down to do the demolition and the job is 70% done and they don't want to pay what should I do

1 reply

Mar 5, 2020
When unpaid on a construction project, there will usually be a few different recovery tools that might help to get paid. Let's look at a few of those options.

Payment reminders

Sending something as simple as an invoice reminder can help to prod a customer into making payment. Though, simply sending reminders might not be very effective if there's already a full-blown payment dispute at hand.

Demand letters

A strong payment demand letter will pack more punch than a simple reminder. Payment demand letters should typically include legal threats and payment deadlines. That way, the customer knows you're serious about getting paid what you're owed.

Notice of Intent to Lien

Taking things another step further and threatening to pursue a mechanics lien claim may push even harder for an owner to pay what's owed. Sending a Notice of Intent to Lien will let a claimant know that their failure to pay could affect their property rights, and that's a threat most owners can't afford to take lightly.

Filing a mechanics lien

A mechanics lien claim is the most powerful payment recovery tool in the construction industry. So, if the relevant notice requirements were followed, pursuing a mechanics lien claim can be a great way to force payment. For more info about filing a Utah mechanics lien: (1) Utah Mechanics Lien Guide and FAQs; and (2) How to File a Mechanics Lien in Utah – Step by Step Guide Walkthrough.

Legal claims

Legal claims could be on the table, too - like a breach of contract claim. To best assess what legal claims make sense for you, it'd be helpful to consult with a local Utah construction attorney. And, for claims under $11,000, small claims court could be an option.

Collections

Finally, sending a debt to collections may be yet another option to recover payment. If that sounds like an interesting option, here's a list of the top construction collections agencies. And, you can contact construction collectors directly here: Construction Collectors | Levelset Expert Center.
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