In the state of Utah, specific procedures and timelines are in place for lien requests, notice, filing, and actions. These laws establish the specific protocol for contractors and suppliers to initiate their lien claims, as well as preserve their rights to enforce action on these claims in the event of non-payment. Having a complete understanding of these laws, including having legal support when filing all notices and claims, is essential.
In Utah, primary contractors are required by law to file a notice of commencement before fifteen (15) days lapses from the start of a project work beginning, or being issued a permit, whichever comes first. Claim of lien notice by prime contractors in Utah must be provided no more than ninety (90) days after the last day of completion noted on original contract, and notice of this lien must be served to owner within thirty (30) days. Enforcement actions on lien claims require filing lis pendens and notice of enforcement of mechanics lien no more than one hundred and eighty (180) days after original date of notice of claim on lien occurred. There are, however, different rules applicable to residential construction in the state of Utah.
Sub contractors in Utah are required by law to give preliminary notice to the Construction Registry no later than twenty (20) days after the start of work on a project or first day that materials are provided. Like primary contractors, sub contractors in Utah adhere to the same process for claims of liens in the state. These integral steps include:
Materials suppliers in Utah proscribe to the exact same procedures, timelines, and protocols for protecting lien rights as sub contractors and primary contractors, including the same claim on lien process as both prime and sub contractors and same preliminary notice protocol as sub contractors.
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