How long do I have to record a notice of construction lien in Utah?

A claimant must submit the notice of construction lien for recording no later than 180 days after the date on which final completion of the original contract occurs, or, if a notice of completion is filed under Section 38-1a-507, no later than 90 days after that notice of completion is filed.

How long do I have to enforce the lien?

A claimant must file an action to enforce the lien within 180 days after the day on which the claimant files the notice of construction lien under Section 38-1a-502.

Mechanics Lien Deadlines in Utah

Utah construction lien claimants must file a preliminary notice with the State Construction Registry, record a notice of construction lien within the statutory period tied to final completion, and file an enforcement action within the period that runs from recording the notice of lien.

By Savallio Editorial

Utah's Preconstruction and Construction Liens statute, Title 38, Chapter 1a of the Utah Code, sets out who may claim a construction lien and the steps a claimant must take to preserve and enforce it. A claimant first files a preliminary notice with the State Construction Registry, then submits a notice of construction lien for recording with the county recorder within a deadline measured from final completion of the original contract or from the filing of a notice of completion, and finally files an action to enforce the lien within a period that runs from the day the notice of construction lien is filed. The sections below give the exact numbers, units, and triggering events from the statute.

Filing and enforcing a mechanics lien in Utah

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 that service or work. ¹

A person who desires to claim a construction lien on real property must file a preliminary notice with the registry no later than 20 days after the day on which the person commences providing construction work on the real property. ²

A person who fails to file a preliminary notice as required by the statute may not claim a construction lien. ³

A person who desires to claim a construction lien must submit a notice of construction lien for recording in the office of each applicable county recorder no later than 180 days after the date on which final completion of the original contract occurs. ⁴

Within 30 days after filing a notice of construction lien, the claimant must deliver or mail by certified mail a copy of the notice to the reputed owner or the record owner. ⁵

Sources

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 that service or work.
Utah Code 38-1a-301Utah Code 38-1a-301, Those entitled to lien -- What may be attachedVerified 8.4.26↑
A person who desires to claim a construction lien on real property must file a preliminary notice with the registry no later than 20 days after the day on which the person commences providing construction work on the real property.
Utah Code 38-1a-501Utah Code 38-1a-501, Preliminary noticeVerified 8.4.26↑
A person who fails to file a preliminary notice as required in the section may not claim a construction lien.
Utah Code 38-1a-501Utah Code 38-1a-501, Preliminary noticeVerified 8.4.26↑
A person who desires to claim a construction lien must submit a notice of construction lien for recording with each applicable county recorder no later than 180 days after the date on which final completion of the original contract occurs.
Utah Code 38-1a-502Utah Code 38-1a-502, Notice of construction lien -- Contents -- Recording -- Service on ownerVerified 8.4.26↑
Within 30 days after filing a notice of construction lien, the claimant must deliver or mail by certified mail a copy of the notice to the reputed owner or the record owner.
Utah Code 38-1a-502Utah Code 38-1a-502, Notice of construction lien -- Contents -- Recording -- Service on ownerVerified 8.4.26↑

Frequently asked questions

Who is entitled to a construction lien in Utah?: 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 that service or work.
How long do I have to record a notice of construction lien in Utah?: A claimant must submit the notice of construction lien for recording no later than 180 days after the date on which final completion of the original contract occurs, or, if a notice of completion is filed under Section 38-1a-507, no later than 90 days after that notice of completion is filed.
Is a preliminary notice required?: Yes. A person who desires to claim a construction lien must file a preliminary notice with the registry no later than 20 days after the day on which the person commences providing construction work, and a person who fails to file it may not claim a construction lien.
How long do I have to enforce the lien?: A claimant must file an action to enforce the lien within 180 days after the day on which the claimant files the notice of construction lien under Section 38-1a-502.

Last reviewed 8.4.26

This page is general information about state law, not legal advice. Laws change, and how they apply depends on the facts of your situation.