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What is the deadline to file a mechanics lien in Utah? Do we still have enough time?

UtahLien DeadlinesRecovery OptionsRight to Lien

I'm a subcontractor that worked on a big project. We finished the project back in February and sent in our invoice in march. We are now in July and We have still not received any type of payment/

3 replies

Jul 9, 2020
The answer to this question depends on whether you filed a preliminary notice or not with the Utah State Construction Registry. This notice must be filed within 20 days after first furnishing labor or materials to the project for full lien protection. A late notice is still valid, but it will only cover the value of labor and materials 5 days preceding the filing, and everything thereafter. If you've complied with the preliminary notice requirements, then you will only need to worry about the deadline for filing your claim. A Utah mechanics lien (aka construction lien) must be filed within 90 days from when the Notice of Completion was filed. If no Notice of Completion was filed on the project, then the deadline is 180 days after the completion of the original contract (i.e. the project completion date). For a full breakdown of this process, check out our Step-by-Step Guide to Filing a Utah Mechanics Lien
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Jul 9, 2020

It depends, filing a mechanics lien is avaiable to you if your have satisfied the preliminary requirements, such as filing a preliminary notice with the SCR, satisfied the time limits imposed by the statute as well as other requirements imposed by law. Also, it will depend on your scope of work and the project you have provided work, services or materials to public /private. There may also be other remedies available to you under law. I would suggest you contact an attorney and discuss your claim. Good luck.  

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Jul 16, 2020
Generally, yes - Utah subcontractors are entitled to file mechanics liens when unpaid for their work. However, in order to preserve the right to lien, the preliminary notice requirements must be followed and the deadline to file must be adhered to. You can learn more about the Utah preliminary notice requirements here: Utah Preliminary Notice Guide and FAQs. As for the deadline - if a Notice of Completion was filed on the project, then a lien claim is due within 90 days of that Notice of Completion filing. But, if no Notice of Completion was filed, then the deadline to file a Utah mechanics lien claim will be 180 days from the completion of the project. If you've sent the necessary notice and if the deadline to file hasn't passed, then these articles should be helpful for walking you through the process: (1) How to File a Mechanics Lien in Utah – Step by Step Guide Walkthrough; and (2) Utah Mechanics Lien Guide and FAQs. Or, if a lien claim isn't available, exploring other options - like sending an invoice reminder, sending a payment demand letter, or pursuing legal claims - might be a good idea. If it looks like legal claims may become necessary, this would be a good start for finding an attorney: Find a Utah Construction Lawyer.
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