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Utah mechanics lien law revisions is useless

Stiff Penalties and Required Arbitration Proposed in 2014 Utah Mechanics Lien Bill

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 and excessive claims of preconstruction and construction liens.”  The general description undersells its full effect, as we’ll explore in […]

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Utah Mechanics Lien Law: 5 Things to Know

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 to improve property have mechanics lien rights. This includes equipment lessors and design […]

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Mechanics Liens: Electronic Filing

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 of Deeds and the […]

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Lien Law Alert: Utah Mechanics Lien Foreclosure Requires A Notice of Lis Pendens

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 that the defendants had “notice” of the foreclosure action, and therefore, were […]

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Utah Court Strictly Protects Mechanics Lien Rights Against Waiver

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 of Appeals strictly protected a mechanic lien claimant’s rights against waiver of those rights. Facts: Lien Waiver Signed But Not Statutory Form Utah Code 38-1a-802 provides […]

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Lien Claimants Get A Victory in Utah In Mechanics Lien Priority Case

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 Priority Rules In Utah Generally Before […]

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Cleaning Not Enough To File A Mechanics Lien in Utah

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 about this topic at the exact […]

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New Utah Mechanics Lien Laws Take Effect Today, August 1, 2011

Earlier this year, we posted about some substantial changes to Utah’s mechanic lien laws.  The new regulations amend and revise the existing mechanic lien laws in Utah to provide for the following big picture changes: There is now a right to lien for “preconstruction services,” which are services that are performed in anticipation of construction; […]

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Changes to Utah Mechanic Lien Laws Take Effect August 1, 2011

As the world turns, mechanic’s lien laws are changed by legislatures across the country.  On average, at least five substantial changes occur each year across the country, and this year, the state of Utah’s number has been called. The legislature has passed two bills that modifies mechanics lien laws, with the majority of these changes […]

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Is Utah’s SCR (State Construction Registry) A Model For Rest of States?

Since 2005, Utah has maintained a standardized, state-wide system for filing preliminary notices, notices of commencement and notices of completion – the State Construction Registry, or SCR.  The result?  Any supplier, contractor or other interested party can log into the system, search for a project, and know exactly when it started and begun, and who […]

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Utah Mechanics Liens Are Assignable

Filing a mechanic’s lien in any state is fairly inexpensive and easy to do.   Legal Document Preparation services like Zlien, for example, perform the task for just $295.00. While the filing of a mechanic’s lien is effective in and of itself, at times the filing of a lien alone is not enough to get […]

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