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It seems this section of a new Subcontract I am about to sign has langauge that means I am not protected by filing ?

UtahConstruction ContractLien WaiversRight to Lien

46—Liens:Lone Peak Masonry shall:(i)indemnify,defend,and hold harmless Stapp Construction,Inc.all laborers’,materialmen’sandmechanics’liensorclaimsmadeorfiledagainstStappConstruction,Inc.or upon theworkorthepropertyonwhichtheworkislocatedonaccountofanylaborperformedorlabor,services,and Equipment furnished by subcontractors of any tier(including any liens or claims based on the failure or alleged failure to maintain a payment bond);and(ii)keep the work and said property free and clear of all liens or claims arising from the performance of any work covered by this contract by Lone Peak Masonry or its subcontractors of any tier. If any lien arising out of this contract is filed,before or after work is completed,Lone Peak Masonry,within ten(10)calendar days after receiving from Stapp Construction,Inc.written Notice of such lien,shall obtain are lease of or otherwise satisfy such lien.If Lone Peak Masonry fails to do so,Stapp Construction,Inc.may take such steps and make such expenditures as in its discretion it deems advisable to obtain are lease of or otherwise satisfy any such lien or liens,and Lone Peak Masonry shall upon demand reimburse Stapp Construction,Inc.for all costs incurred and expenditures made by Stapp Construction,Inc.in obtaining such release or satisfaction. If any non-payment claim is made directly against Stapp Construction,Inc.arising out of non-payment to any Subcontractor(including any liens or claims based on the failure or alleged failure to maintain a payment bond),Lone Peak Masonry shall assume the defense of such claim with in ten(10)calendar days after receiving from Stapp Construction,Inc.written notice of such claim. If Lone Peak Masonry fails to do so,Lone Peak Masonry shall upon demand reimburse Stapp Construction,Inc.for all costs incurred and expenditures made by Stapp Construction,Inc.to satisfy such claim.

1 reply

Feb 28, 2020
Utah's mechanics lien statute explicitly disallows waiving lien rights under contract. And, lien rights can't be waived at all unless it's in consideration for payment. To be sure, § 38-1a-105(1) of the Utah mechanics lien statute reads: "(a) A right or privilege under this chapter may not be waived or limited by contract. (b) A provision of a contract purporting to waive or limit a right or privilege under this chapter is void." So, while I'm not able to review your contract and provide advice on how to interpret it, I can say that Utah mechanics lien rights cannot legally be waived in a contract or at all before payment is made. So, even if the contract states that lien rights are being waived, that section of a contract wouldn't be unenforceable since it's not in line with Utah's lien laws. For more information on Utah lien laws and the waiver of lien rights there: - Utah Mechanics Lien Guide and FAQs - Utah Lien Waivers Guide and FAQs
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