Understanding Utah's Preconstruction and Construction Lien Laws- Part 4
Posted on Sep. 5, 2012

Preconstruction and construction lien rights are subject to strict timeframes for filing a notice of lien.  A preconstruction lien claimant must file with the recorder of the county in which the project is located a written notice to hold and claim a lien.  A notice to hold and claim a lien must be filed within ninety days after completing a preconstruction service.  A notice of preconstruction lien must include (1) the claimant's name, mailing address, and telephone number, (2) a statement that the claimant claims a preconstruction lien, (3) the date the claimant's notice of retention was filed, (4) the name of the person who employed the claimant, (5) a general description of the preconstruction service provided by the claimant, (6) the date that the claimant last provided preconstruction service, (7) the name, if known, of the reputed owner or, if not known, the name of the record owner, (8) a description of the project property sufficient for identification, (9) the principal amount, excluding interest, costs, and attorney fees, claimed by the claimant, (10) the claimant's signature or the signature of the claimant's authorized agent, and (10) an acknowledgment or certificate as required under Title 57, Chapter 3, Recording of Documents.  Notices of preconstruction lien on residential projects must also include the statement specified in section 38-11-107 of the Utah Code.

A notice of construction lien must also be filed with the county recorder.  It must be filed within 180 days after the date on which final completion of the original contract occurs, if no notice of completion is filed, or 90 days after the date on which a notice of completion is filed, but not later than 180 days after the date on which final completion of the original contract occurs.  A notice of construction lien must include (1) the name of the reputed owner if known or, if not known, the name of the record owner, (2) the name of the person by whom the claimant was employed or to whom the claimant provided construction work, (3) the time when the claimant first and last provided construction work, (4) a description of the project property, sufficient for identification, (5) the name, current address, and current phone number of the claimant, (6) the amount claimed under the construction lien, (7) the signature of the claimant or the claimant's authorized agent, (8) an acknowledgment or certificate as required under Title 57, Chapter 3, Recording of Documents.  It must also include the statement specified in section 38-11-107 of the Utah Code if it is filed on a residential project.

For both lien types, substantial compliance with the content requirements is sufficient to hold and claim a lien.  Finally, within thirty days of recording either lien a copy must be delivered or sent by certified mail to the reputed or record owner of the property.  Certified mail is advisable because it provides documentation of compliance.

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About Adam

Adam
Attorney Adam T. Mow

Adam is a trusted resource for architects, engineers and other members of the construction industry in litigation, risk management, contract negotiations and mechanics’ liens. Adam is also a licensed architect and a past president of the Utah chapter of the American Institute of Architects. He has been elected by his peers to the Utah Legal Elite since 2009.

Awards and Recognition

AV Rating

Excellence in the Study of Architecture, American Institute of Architects Certificate of Merit, 1999

CALI Award for Excellence in Mediation and Advanced Negotiation, 2003

Community Mediator of the Year, Utah Dispute Resolution, 2007

Graduate of the Last Decade, Ball State University, 2008

Utah Business Magazine, Legal Elite, 2009-Present

Mountain States Rising Stars (Construction Litigation), 2009-Present