Construction Lien Law in Utah

In Utah, construction lien laws are primarily governed by Title 38, Chapter 1a of the Utah Code, which details the requirements and procedures for establishing and enforcing construction liens. Here is a comprehensive overview:

Preliminary Notice

Requirement: Any person furnishing labor, service, equipment, or materials for a construction project must file a preliminary notice with the State Construction Registry (SCR) within 20 days after starting work on the project. This notice is crucial as it preserves the right to later file a construction lien if payment issues arise (Utah Code § 38-1a-501).
Filing: The notice must be filed online at the SCR website. Failure to file this notice within the 20-day period may result in the loss of lien rights.

Notice of Construction Lien

Contents: The notice of construction lien must include:
- The name of the reputed owner or, if unknown, the record owner.
- The name of the person who employed the claimant.
- The dates when the claimant first and last provided labor or materials.
- A description of the property sufficient for identification.
- The claimant’s name, address, and phone number.
- The amount claimed.
- The claimant’s signature.
- An acknowledgment or certificate as required by Title 57, Chapter 3.
- For liens on owner-occupied residences, a statement on the steps the owner can take to remove the lien (Utah Code § 38-1a-502).
Recording: This notice must be recorded in the county where the property is located, and the county recorder will index it accordingly. The notice is considered effective from the time of recording, giving public notice of the lien.
Service: Within 30 days after filing, the claimant must deliver or mail a copy of the notice to the reputed owner or record owner. Failure to do so can preclude the claimant from recovering costs and attorney fees in a lien enforcement action.

Filing Deadlines

Lien Filing: A lien must be filed within 180 days after the final completion of the original contract, the final inspection, or the issuance of a permanent certificate of occupancy. If a notice of completion is filed, the deadline is shortened to 90 days.
Lien Enforcement: To enforce the lien, a lawsuit must be filed within 180 days after the lien is recorded. This is very important.

Bonding and Waivers

Bonding: If a lien is contested, the property owner can post a bond to discharge the lien. The bond amount varies: 150% of the lien value if the claim is $25,000 or more, 175% if between $15,000 and $25,000, and 200% if less than $15,000.
Lien Waiver: Utah law provides for statutory lien waiver forms that can be used to waive lien rights under certain conditions.

For more detailed information, you can contact Utah Attorney Jeremy Eveland or visit the State Construction Registry

Areas We Serve in Utah

We serve individuals and businesses in the following Utah locations:

Salt Lake City Utah
West Valley City Utah
Provo Utah
West Jordan Utah
Orem Utah
Sandy Utah
Ogden Utah
St. George Utah
Layton Utah
South Jordan Utah
Lehi Utah
Millcreek Utah
Taylorsville Utah
Logan Utah
Murray Utah
Draper Utah
Bountiful Utah
Riverton Utah
Herriman Utah
Spanish Fork Utah
Roy Utah
Pleasant Grove Utah
Kearns Utah
Tooele Utah
Cottonwood Heights Utah
Midvale Utah
Springville Utah
Eagle Mountain Utah
Cedar City Utah
Kaysville Utah
Clearfield Utah
Holladay Utah
American Fork Utah
Syracuse Utah
Saratoga Springs Utah
Magna Utah
Washington Utah
South Salt Lake Utah
Farmington Utah
Clinton Utah
North Salt Lake Utah
Payson Utah
North Ogden Utah
Brigham City Utah
Highland Utah
Centerville Utah
Hurricane Utah
South Ogden Utah
Heber Utah
West Haven Utah
Bluffdale Utah
Santaquin Utah
Smithfield Utah
Woods Cross Utah
Grantsville Utah
Lindon Utah
North Logan Utah
West Point Utah
Vernal Utah
Alpine Utah
Cedar Hills Utah
Pleasant View Utah
Mapleton Utah
Stansbury Par Utah
Washington Terrace Utah
Riverdale Utah
Hooper Utah
Tremonton Utah
Ivins Utah
Park City Utah
Price Utah
Hyrum Utah
Summit Park Utah
Salem Utah
Richfield Utah
Santa Clara Utah
Providence Utah
South Weber Utah
Vineyard Utah
Ephraim Utah
Roosevelt Utah
Farr West Utah
Plain City Utah
Nibley Utah
Enoch Utah
Harrisville Utah
Snyderville Utah
Fruit Heights Utah
Nephi Utah
White City Utah
West Bountiful Utah
Sunset Utah
Moab Utah
Midway Utah
Perry Utah
Kanab Utah
Hyde Park Utah
Silver Summit Utah
La Verkin Utah
Morgan Utah