If you've been working for a construction subcontractor and haven't been paid your due, there are some recovery options that could be useful. Namely, people who perform work that permanently improves property will generally be entitled to mechanics lien rights. So, you may be able to file a mechanics lien in order to force payment. But, before jumping all the way to a lien claim, there are some intermediate steps that could help.
But, if you're still working for the employer that isn't paying you, it's a good idea to take the matter to them first. It's entirely possible that the issue could be snuffed out right then and there without the need for a dispute. And, bringing documentation and proof that you aren't being paid what you're owed can help to drive the issue home.
Payment recovery options for Utah construction employees
If talking it out doesn't work, then taking a more adversarial approach might. Threatening to file a mechanics lien claim - like with a Notice of Intent to Lien - can be useful for forcing your employer's hand. A Notice of Intent to Lien is typically sent to the person who's failed to make payment as well as other key project participants like the property owner and the GC. And, when the owner and GC both become aware of their sub's payment problems, they'll be able to apply pressure to make sure payment gets made so they can avoid a lien claim. Threatening other claims with a demand letter may be useful as well.
If talking it out doesn't work, and if threats of a lien or legal claims don't have any positive results, then proceeding with a mechanics lien claim could be helpful. You can read about lien claims, the associated requirements, and other considerations here: Utah Mechanics Lien Guide and FAQs.
Finally, if you haven't been getting paid for your work, then legal claims should be on the table too. Just because the labor commission won't help doesn't mean you don't have a claim - and consulting with a Utah construction attorney could help there.
The information presented here is not legal advice and should not be construed as such. Rather, this content is provided for informational purposes. Do not act on this information as if it is advice. Further, this post does not create any attorney-client relationship. If you do need legal advice, seek the helSee More...See More...