Filing And Removing Mechanic’s Liens
Construction readiness and construction law knowledge go hand in hand. As a contractor engaged in building projects, you must protect your right to proper compensation for your labor. You no doubt invest a great deal in preparedness to do quality work, well in advance of receipt of payments. You hire laborers, rent or buy equipment, bring supplies to the building site and otherwise get ready to complete construction projects according to specifications.
What happens, then, when a general contractor or property developer fails to ensure that you are paid enough and on time? You may need to file a mechanic’s lien against a property when you have not received proper payment for your work. A mechanic’s lien can serve as leverage to ensure that you are paid before the property changes hands. Terry Jessop & Bitner in Salt Lake City can help you take the steps necessary to protect your right to correct payment for a job well done.
Creative – Responsive – Cost-Effective
Typically representing the contractor in mechanic’s lien cases, our attorneys are prepared to help you file a lien on a property and/or get a lien released. We will ensure that you understand your rights according to state laws such as the Utah Construction Lien Act and show you how to stand up for your rights. In cases that have gone on for a long time, lien foreclosures may be appropriate.
With more than 30 years of experience in construction law, real estate law and business law, our lawyers are prepared to deliver the effective representation you expect and deserve. Terry Jessop & Bitner is a relatively small firm offering clients the caliber of representation typically found at large law firms, at affordable prices.
Mechanic’s Liens FAQs
Below are clear answers to common questions from construction professionals and property owners about protecting payment rights and complying with statutory requirements.
Who is legally allowed to record a mechanic’s lien in Utah?
In Utah, the right to file a mechanic’s lien is available to construction professionals who provide labor, materials, equipment or services that improve real property. This includes general contractors, subcontractors, laborers, suppliers, equipment lessors, engineers and architects.
The key requirement is that the work must contribute to the improvement of the property and remain unpaid. Property owners should understand that even if they paid the general contractor, subcontractors or suppliers may still pursue lien enforcement if they were not paid.
Consulting experienced construction law lawyers is critical before filing or disputing a lien claim.
What deadlines apply when filing a mechanic’s lien in Utah?
Strict timelines govern lien rights. Missing a deadline can permanently eliminate the ability to enforce a lien. Utah law imposes several important time requirements, including:
- Filing a preliminary notice with the Utah State Construction Registry shortly after first providing labor or materials.
- Recording the mechanic’s lien within 90 days after final completion of the project, as defined by Utah Code §38-1-1 et seq.
- Filing a lawsuit to enforce the lien within 180 days after recording the lien.
Each deadline serves to protect construction professionals and property owners. Failure to meet any of these requirements may invalidate the lien entirely.
Since lien enforcements depend on technical compliance, construction law attorneys often recommend documenting project milestones and payment history carefully. Acting promptly helps preserve rights and reduces the risk of costly litigation errors.
Is a written contract required to file a Utah mechanic’s lien?
Many parties assume a written agreement is mandatory. However, that is not always the case. While a written contract strengthens a claim and clarifies payment terms, Utah law does not always require one to file a mechanic’s lien. Verbal agreements may still support lien rights if valid and provable.
What steps are typically required to file a mechanic’s lien?
The key steps in the filing process include:
- Submitting a preliminary notice through the state registry
- Completing the contracted work or supplying materials
- Recording the lien within the statutory deadline
- Initiating a court action if payment is not made and lien enforcement becomes necessary
The process involves technical statutory compliance and potential court proceedings, making early guidance essential. A construction law lawyer can safeguard financial interests, help ensure proper documentation and minimize the risk of invalid claims or disputes.
Get The Results You Need Cost-Effectively And Without Delay
For a free consultation to discuss how we can help you file a lien against a property or complete any other mechanic’s liens-related matters, contact a business attorney at our Salt Lake City law firm at your convenience. You may reach our law offices by calling 385-715-4116.