Construction Liens in Utah
Contents
Overview
Sources
Utah Code Ann. §§ 38-1a-101 et seq.
Authorized Claimants
Except as provided (in the Residence Lien Restriction and Lien Recovery Fund Act Utah Code) Section 38-11-107, a person who provides preconstruction service or construction work on or for a project property has a lien on the project property for the reasonable value of the preconstruction service or construction work, respectively, as provided in this chapter. (Utah Code 38.1a-301(1))
Lien Priority
A construction lien relates back to, and takes effect as of, the time of the first preliminary notice filing (See Utah Code 38-1a-501) a construction lien has priority over any lien, mortgage, or other encumbrance that attaches after the first preliminary notice filing; and any lien, mortgage, or other encumbrance of which the claimant had no notice and which was unrecorded at the time of the first preliminary notice filing (Except) a recorded mortgage or trust deed that secures a construction loan attaches immediately before the first preliminary notice filing for the construction project if each claimant that has a preliminary notice on file on the construction project before the mortgage or trust deed was recorded receives full payment for all construction work the claimant performed before the mortgage or trust deed was recorded, regardless of whether the claimant receives full payment before or after the day on which the mortgage or trust deed is recorded. (Utah Code Section 38-1a-503)
Notices and Registries
Filing Deadlines
A person who desires to claim a construction lien shall submit for recording in the office of each applicable county recorder a notice of construction lien no later than 180 days after the date on which final completion of the original contract occurs, if no notice of completion is filed under Section 38-1a-507 or 90 days after the date on which a notice of completion is filed under Section 38-1a-507, but not later than 180 days after the date on which final completion of the original contract occurs. (Utah Code 38-1a-502 (1) (a))
Enforcement Deadlines
In order to enforce a preconstruction lien or construction lien, a claimant shall file an action to enforce the lien within 180 days after the day on which the claimant files a notice of preconstruction lien under Section 38-1a-402, for a preconstruction lien; or a notice of construction lien under Section 38-1a-502, for a construction lien. If an owner files for protection under the bankruptcy laws of the United States before the expiration of the 180-day period (shown above), within 90 days after the automatic stay under the bankruptcy proceeding is lifted or expires. (Utah Code Section 38-1a-701(2))
