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Can the fence contractor file a lien against me?

UtahConstruction ContractMechanics LienPreliminary Notice

My fence contractor began work back in the beginning of May. They never filed a Preliminary Notice. Their work is terrible and while they have now completed the job yesterday (8/19/2021) to the best of their ability though not perfect, the refuse to take less than full payment. They want to put a lien on my house for the balance of $1877 as I am willing to still give $1877 additional to the $3755 owed. I am also the leasee of the property owned by a trust where I am the beneficiary, but not the trustee. Can they put a lien this late or take any action against me for non full payment? Thanks!

2 replies

Sep 23, 2021

A preliminary notice is a prerequisite to a construction lien. No preliminary notice = no lien rights. However, a preliminary notice is not required for a contractor to sue for breach of contract, so that is an action your contractor could take against you, in which case you would have the opportunity to present your case as well.

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Sep 18, 2022
Does a general contractor have the right to hold a 10% retainage on a Subcontractor for a job completed and financed by the bank
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