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In Utah, what is the appropriate order of sending construction liens, when your work is complete?

UtahLien Deadlines
Jason Boyle
Owner at Capitol Exteriors LLC

We are the subcontractor on 2 residential projects. We did not file preliminary liens, as we have been paid on prior projects. We have completed our portion of the work in October and the contractor is refusing to pay. What is the next steps? Can we send preliminary lien for completed work? Then move to a full construction lien after 20 days.

1 reply

Attorney at Skoubye Nielson & Johansen, Llc
| 5 reviews
Dec 8, 2022

Under Utah law, the filing of a timely preliminary notice (sometimes called a prelim, pre-lien, or preliminary lien) with the SCR (State Construction Registry) is a prerequisite to claiming a construction lien. No preliminary notice = no construction lien claim. Recording a construction lien without a preliminary notice can result in fines or penalties. You will need to determine whether you still have time to file a preliminary notice. If you started construction work less than 20 days ago, you can still file a preliminary notice, but if you started work more than 20 days ago and you have completed work, then it is too late to file a preliminary notice (see the details below). 

If, for whatever reason, you don’t have a valid construction lien claim, that doesn’t necessarily mean that you have no other valid options. Liens are a very good way to get paid because they give you a claim against the property/owner, but there are other types of claims available. For example, regardless of whether you have a lien claim, you may still have contract claims against the person you made an agreement with (if you are a subcontractor, that person is probably the general contractor that hired you whether the agreement was written or verbal) and you might have equitable claims as well. You should discuss your options with an attorney.

Here are the details on the deadlines for preliminary notices for construction liens. Utah law imposes deadlines for preliminary notices. A preliminary notice must either (1) be filed within 20 days of beginning your construction work to be able to assert a lien for all your construction work; or (2) if not filed within 20 days of the beginning of your construction work, it can be filed later but a lien can only be claimed for work performed five days after the (late) preliminary notice is filed. 

Here's the language of the actual law regarding the lien filing deadlines: for construction liens: Utah Code Section 38-1a-501(1)(a) states: "A person who desires to claim a construction 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.” Utah Code Section 38-1a-501(1)(c)(ii) states: “A person who files a [late] preliminary notice under Subsection (1)(c)(i) may not claim a construction lien for construction work the person provides to the construction project before the date that is five days after the preliminary notice is filed.”

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