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?
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.