Menu

Filing a lein

UtahPreliminary NoticeRight to Lien

We are a small swimming pool maintenance and repair company. We were contacted by a homeowner to help with a inground hot tub remodel. Are part of the job was just to replace all of the old equipment with new equipment and make sure everything is working correctly. We also helped finding a company to do the replastering. The owner signed the bid and gave us 50% down which was used to pay for half of the plaster and the equipment. The job is now completed and the owner is refusing to pay the rest of the bill. He is trying to say he wants it inspected and that we should have pulled a permit. Which I have verified we didn’t need to do, since no upgrades were done. Because we didn’t file a pre- lien within 20 days of starting the job do we have any other options to file a Lein now or do we have to take him to civil court?

1 reply

Jan 30, 2020
In the state of Utah, a 20-day preliminary notice is required to be filed with the UT State Construction Registry by all potential lien claimants to secure their right to file a mechanics lien. The preliminary notice may be filed late, but it will only secure lien right to labor or materials provided in the 5 days preceding when the notice was filed. But a preliminary notice can't be filed more than 10 days after a Notice of Completion is filed. You can always pass off the debt to a collections agency. Also, since you do have a direct contract with the owner, you can still file a lawsuit based on a breach of contract claim or unjust enrichment. Depending on the amount, you may be able to file in small claims court. Utah small claims courts are maxed out at claims of $11,000. You may want to contact a local attorney to help guide you through the steps to take. If you need help, we do have a few Utah attorneys and collectors in our Expert Center community you may want to reach out to. Or you may want to look into the UT State Bar Assoc. Lawyer Referral Service or Avvo.com. Here are some additional resources that may prove useful:
0 people found this helpful
Helpful