Lien waivers are a constant and oftentimes unappreciated aspect of the construction payment process. Since these documents are generally the last thing standing in the way of finally receiving payment, they are constantly rubber-stamped and signed without examination. Further,…Read More
Utah ArticlesRSS feed for this section
One of the conveniences of technology is the ability to accomplish things in a shorter amount of time than it would take to do the same task in an “analogue” fashion; email is faster than sending a piece of mail through the…Read More
Questions regarding a mechanics lien’s, or potential mechanics lien’s, validity are some of the most important questions considered by lien claimants. While there are many reasons that may cause a mechanics lien claim to be invalid, the most fundamental is…Read More
The 2014 General Session in Utah includes a bill proposing “Mechanics Lien Revisions,” in House Bill 56. This bill was introduced by Rep. Mike McKell, and it purports to amend the lien law related to “unauthorized…Read More
Ready to file a mechanics lien in Utah? Check out the “5 things to know” below before you get started!
Utah Extends Mechanics Lien Rights to Many Parties
In Utah, contractors, subcontractors and any project participants that have provided service or materials…Read More
E- filing is not just for your taxes. While Every state offers filing by mail or walk-ins, more than 300 counties across the country offer electronic filing. Every state is different when it comes to which office or department records mechanics liens.
The most common offices are the County Recorder, Register…Read More
The Supreme Court of Utah cleared up a tiny uncertainty about Utah’s mechanics lien law when it invalidated a lien claim since a Notice of Lis Pendens was not filed within 180 days from the mechanics lien filing.
Although the lien claimants argued…Read More
Typically, when a court strictly construes mechanics lien statutes, it spells bad news for the lien claimant. The opposite occurred in a recent Utah case, where the Utah Court…Read More
In mid-2011, the Utah Court of Appeals decided a case affecting a mechanic lien’s priority over mortgages and construction loans in Olsen v. Chase (PDF Full Text). The case has important implications to mechanic lien claimants in that state, and questions the effectiveness of lien subordination agreements.
Mechanic Lien… Read More
Just a week or two ago, I published a “Scenario” post, analyzing whether a lien can be filed by cleaning services or someone doing cleaning work on a construction project: Scenario: Can You File A Mechanics Lien For Cleaning Services.
Coincidentally, the Utah Court of Appeals published a bit…Read More