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Can I still file a mechanics lien?

UtahMechanics Lien

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

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. 

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