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Utah Mechanics Lien

File a Utah mechanics lien to secure payment for construction work. Learn the 20-day preliminary notice, the 180-day recording deadline, and enforcement.

Introduction

A Utah mechanics lien, called a construction lien, is a legal claim recorded against real property by a contractor, subcontractor, or supplier who improved the property and was not paid. Once recorded, the lien attaches to the property, clouds the title, and can be enforced by a court-ordered sale. That security is what gives the lien its leverage, and Utah protects the right to it in Title 38, Chapter 1a. The lien only works if you perfect it on time. In Utah every claimant, even a general contractor, must file a preliminary notice on the State Construction Registry within 20 days after commencing work. You then record a notice of construction lien within 180 days after final completion of the original contract, or 90 days after a notice of completion is filed, and must sue to enforce within 180 days after recording. DocDraft prepares a Utah construction lien and its notices from your project details, and attorney review is available before you record.

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Key Things to Know

  1. 1

    A Utah construction lien secures payment against the improved property. Contractors, subcontractors, material suppliers, and others who furnished construction work and were not paid can claim one under Utah Code Title 38, Chapter 1a.

  2. 2

    Every claimant must file a preliminary notice on the State Construction Registry within 20 days after commencing work, under section 38-1a-501. Utah does not exempt a contractor who dealt directly with the owner, and skipping it forfeits lien rights.

  3. 3

    The recording deadline is 180 days after final completion of the original contract. Under section 38-1a-502 you submit a notice of construction lien to the county recorder within that window, or 90 days after a notice of completion is filed.

  4. 4

    You must sue to enforce within 180 days of recording. Section 38-1a-701 requires filing an action to enforce the construction lien within 180 days after you file the notice of construction lien, or the lien expires.

  5. 5

    Utah reads these deadlines strictly. Missing the 20-day registry notice, the 180-day recording window, or the 180-day enforcement deadline generally forfeits the lien, though a separate contract claim for the unpaid amount may survive.

  6. 6

    The notice of construction lien must state required details. Section 38-1a-502 calls for the owner's name, the claimant's name, address, and phone, a description of the work and property, the amount claimed, and a signature.

  7. 7

    Owner-occupied homes carry a wrinkle. Under the Residence Lien Restriction and Lien Recovery Fund Act, a subcontractor or supplier who did not contract with the owner cannot lien a residence where the owner paid the contractor in full, and recovers from the Lien Recovery Fund.

Key decisions before you file

Before you file a Mechanics Lien in Utah, a few decisions shape the document: which option to choose and what each one means. The Mechanics Lien guide walks through them.

Open the Mechanics Lien guide

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Utah Requirements for Mechanics Lien

  • Utah Filing Deadline and Office

    File the Utah mechanics lien in the correct office, a county recorder or court as Utah requires, within the state's deadline after you last furnish labor or materials. Utah applies the deadline strictly, so filing late or in the wrong office can void the lien.

Frequently Asked Questions