Can I still send a notice of intent to lien

3 weeks ago

I live in utah did a project for a friend and now they wont pay. I never did a pre lien. Project is complete. Can I still send a notice of intent to lien?

Additional info about this contractor
Project Role: General Contractor
Project Type: Residential
Legal Associate Levelset
142 reviews

Under Utah mechanics lien law, all claimants are required to file a preliminary notice within 20 days of first furnishing labor or materials to the project. This notice may be sent late, but will only cover the value of labor or materials provided in the 5 days prior to recording the notice, and all thereafter. Failing to comply with the notice requirements is fatal to your lien rights.

Since a Notice of Intent to Lien is not a formally required document in Utah, there isn’t technically any harm in sending one. But since Utah uses a searchable State Construction Notice Registry or if the owner is aware of Utah lien rights, this may be a fruitless attempt.

Another option would be to send a payment demand letter stating the amount due, and if not paid you can threaten legal action such as a lawsuit for breach of contract, unjust enrichment, or Utah Prompt Payment Act violation. Furthermore, if the amount in dispute is under $11K you can file an action in Utah Small Claims Court.

For more information see: Construction Demand Letters: How to Write One That Gets You Paid

Disclaimer: Disclaimer: 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.
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