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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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NOTICE OF CONSTRUCTION LIEN (UTAH)

Recorded under Utah Code Title 38, Chapter 1a. The undersigned claimant records this Notice of Construction Lien against the real property described below to secure payment for construction work furnished to that property.

  1. CLAIMANT Name: [CLAIMANT NAME] Role: [CONTRACTOR / SUBCONTRACTOR / MATERIAL SUPPLIER / LABORER] Address: [CLAIMANT ADDRESS] Phone: [CLAIMANT PHONE]

  2. OWNER OR REPUTED OWNER Name: [OWNER NAME] Address: [OWNER ADDRESS]

  3. PROPERTY Street address: [PROPERTY ADDRESS] Legal description: [LEGAL DESCRIPTION] County: [COUNTY]

  4. HIRING PARTY The claimant furnished construction work at the request of, or under contract with: [PERSON OR COMPANY THAT ORDERED THE WORK].

  5. WORK FURNISHED General description of the labor, services, equipment, or materials furnished: [DESCRIPTION]. Date first furnished: [FIRST DATE]. Date last furnished: [LAST DATE].

  6. AMOUNT CLAIMED The amount due, after deducting all just credits and offsets, is: $[AMOUNT].

  7. PRELIMINARY NOTICE The claimant filed a preliminary notice on the Utah State Construction Registry on [SCR FILING DATE], within 20 days after commencing work as required by Utah Code 38-1a-501.

  8. OWNER-OCCUPIED RESIDENCE NOTICE (if applicable) [INCLUDE THE STATUTORY NOTICE STATEMENT REQUIRED BY UTAH CODE 38-1a-502 FOR AN OWNER-OCCUPIED RESIDENCE].

  9. SIGNATURE Signature: [SIGNATURE] Printed name and title: [NAME AND TITLE] Date: [DATE]

Note: This Utah notice of construction lien follows Utah Code Title 38, Chapter 1a. Confirm the current statutory contents and deadlines, or have this reviewed by an attorney, before recording.

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

In Utah a mechanics lien is called a construction lien. It is a claim a contractor, subcontractor, or supplier records against property they improved but were not paid for. The lien attaches to the real estate, clouds the title so the owner cannot easily sell or refinance, and can be foreclosed through a court-ordered sale. It is governed by Utah Code Title 38, Chapter 1a.

Anyone who furnished construction work to improve real property and was not paid can claim a Utah construction lien, including general contractors, subcontractors, and material suppliers. One feature sets Utah apart: every claimant, even a contractor in direct contract with the owner, must first file a preliminary notice on the State Construction Registry to keep the right to lien.

You record a notice of construction lien with the county recorder no later than 180 days after final completion of the original contract. If the owner files a notice of completion under section 38-1a-507, the window shortens to 90 days after that filing. Utah applies the deadline strictly, so calendar it from the correct trigger.

Yes, and Utah is unusual here. Section 38-1a-501 requires every person who wants a construction lien to file a preliminary notice on the State Construction Registry within 20 days after commencing work. Unlike most states, there is no exemption for a general contractor who contracted with the owner. Fail to file and you may not claim a lien.

You must file an action to enforce the construction lien within 180 days after you record the notice of construction lien, under section 38-1a-701. If you do not sue within that window, the lien expires and can no longer be enforced. A short 90-day alternative applies if the owner enters bankruptcy before the 180 days run.

Missing the 20-day registry notice, the 180-day recording deadline, or the 180-day deadline to sue generally means the construction lien is lost, because Utah applies these rules strictly. You may still sue the party who hired you for breach of contract to recover the unpaid amount, but you give up the security a lien places on the property.

Utah uses the Residence Lien Restriction and Lien Recovery Fund Act. If you are a subcontractor or supplier who did not contract directly with the owner, and the owner paid the general contractor in full for an owner-occupied residence, you cannot enforce a lien against the home. Instead you seek payment from the state Lien Recovery Fund.

When the debt is paid, the claimant should record a lien release to clear the title. A construction lien also expires on its own if no enforcement action is filed within 180 days of recording. An owner who believes a lien is invalid can ask the court to remove it, and Utah allows a lien to be bonded off with a surety bond. Attorney review is available if you are unsure.