We are a General Contactor and did not file a Preliminary Notice to file a lien on a project in Utah by the 20 day date. What can we do now? Thank you
3 replies
Jun 15, 2020
A Utah preliminary noticecan still be filed after the first 20 days of furnishing labor or materials to the project. However, the notice will only effectively secure lien rights for labor or materials provided 5 days after the notice is filed, and everything thereafter. If you still have time, file the notice as soon as possible, securing some lien rights is better than none.
The absolute latest the notice can be filed is 10 days after a Notice of Completion has been filed. Any notice filed later than that will be ineffective. If this is the case, your recovery options may be limited to breach of contract or unjust enrichment claims.
For more information see:
If you fail to comply with the preliminary notice requirements you have no right to pursue a construction lien claim but still have the right to pursue your contract claims. Making those determinations for certain may require consulting with an attorney familiar with Utah construction law.
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Jun 17, 2020
If you are still working on the job file a preliminary notice now. Your lien rights will resume five days after you do so (for your future work, not for the work already done).
You also have the ability to file a lawsuit against the owner for breach of contact. That claim is not affected by the lack of a preliminary notice.
Good luck!