CDC Restoration submitted a legal letter to our company stating that they do not intend on paying us for Pay App 3 and our Retainage on Pay App 4, until they have proof that we are not paying their previous employer under the table for the project. We have hired his previous employer as a private consultant on a project in the state of Texas, but this has nothing to do with this project in Salt Lake City, UT. All work for the UT job was self performed. CDC wants full access to our financials. The payment is not due until 12/23/2020. Can we still file a lien once the invoice is past due and when?
Once payment is due, you could file a mechanic's lien provided you timely filed a proper preliminary notice on the Utah State Construction Registry (commonly know as the "SCR") (here is a link to the SCR and a guide for its use: https://secure.utah.gov/scr/guide/index.html). (You would need to file your lien within 180 days of "final completion" of the "original contract.")
All the best to you in collecting your money. Please let me know if you have follow-up questions..
Jason Robinson (Bacock Scott & Babcock, P.C.)
Under Utah law, you can only lien a property if you complied with all requirements including filing of a timely preliminary notice. You should discuss your situation with a Utah construction law attorney.