Menu
Home>Levelset Community>Legal Help>Do we have any rights to file a lien in Utah?

Do we have any rights to file a lien in Utah?

UtahMechanics Lien

Our company is from Missouri we were hired to be a subcontractor on a job in Utah. We have completed the job on 9/11/21 payment was to be made 10 days after completion. Do we have any right to put a lien on the property in Utah? We did not file any Notices with the state at anytime.

2 replies

Oct 30, 2021
Question. Do we have any right to put a lien on the property in Utah? Under Utah Code 38-1a-501(1)(a): a preliminary lien notice would need to be filed on Utah's State Construction Registry within "20 days after a person commences providing construction work." This would include contractors outside the State of Utah. In order to properly file a lien, "A person who desires to claim a construction lien (mechanic's lien) on real property shall file a preliminary notice with the registry no later than 20 days after the day on which the person commences providing construction work on the real property. 38-1a-501(1)(a) Without giving the proper notice the filing of a construction lien would not be valid,
0
Report Spam
Nov 4, 2021

I agree with Kelly Silvester's reply. If your work is complete and you did not file a preliminary notice, then you cannot record a valid notice of lien.

However, you mentioned that you were a subcontractor, so there may be another option. If the general contractor filed a preliminary notice , it is possible that the general could record a valid notice of lien for all unpaid work (potentially including your unpaid work). Likewise, if you used any sub-subcontractors or suppliers, and they filed preliminary notices, they could also potentially record valid lien notices. You should discuss with the other contractors/suppliers and an experienced construction attorney. 

0 people found this helpful
Helpful