we signed a contract with a GC and we haven't got the last payment from them we tried calling and no answer or call back what can we do
1 reply
Jan 2, 2020
In Utah, mechanics liens must be filed within 90 days from the filing of a notice of completion, or if a notice of completion is not filed on the project, the lien must be filed within 180 days of the completion of work. Once that time period has elapsed, a valid mechanics lien may not be filed, and a potential claimant will need to look to other remedies to get paid.
Utah does provide for "prompt payment" requirements, and on private projects, a participant who contracts with the GC must be paid within 30 days of the date on which the GC receives payment. If that time period is not met, interest can accrue at 1% per month, and the claimant may recover costs of collection and attorneys' fees from the GC. These rules are set forth in Utah Code §13-8-5, and §58-55-603.
Also, there is the possibility of filing a lawsuit for breach of contract, (or potentially pursuant to other additional causes of action). If the debt is within the jurisdictional limits, a small claims action may be appropriate to limit the time and expense of a lawsuit.
Other than that, sending a demand letter, using outsourced collections agencies, or just ramping up communication with the GC and property owner may help facilitate payment.