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Can I still file a mechanics lien?

UtahMechanics Lien
Anonymous Contractor

If I didn't file a preliminary in Utah , and the owner has no money to pay the contractor and we as a subcontractor, can I still file a Mechanics Lien?

1 reply

Levelset Admin at Levelset
| 335 reviews
Mar 31, 2021

A preliminary notice in Utah is strictly required prior to filing a mechanics lien. Failure to provide notice is fatal to a subcontractor's mechanics lien rights in Utah.  

Ideally, this notice should be filed with the Utah State Construction Registry within 20 days of first providi ng labor and/or materials to the project. A late notice can still be effective, but will only protect the value of labor and/or materials provided in the 5 days prior to the recording of the notice, and everything thereafter. Lastly, a notice cannot be filed any later than 10 days after a Notice of Completion is filed on the pro ject. 

That being said, if the notice wasn't properly provided, then a mechanics lien is no longer an option. However, that doesn't mean you don't have any legal recourse to recover payment. 

NOTE. The information presented here is for informational purposes only. It is not legal advice and should not be construed nor relied upon as such.
Furthermore, this posting does not create an attorney-client relationship. If you need legal advice, seek the counsel of a licensed, local attorney.See More...
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