Our Guide to Preliens, Waivers, Mechanic's Liens, and Bond Claims in Utah
Utah
Questions? Contact Us
This is an overview of the state's statutory approach to lien law and what contractors might want to focus on to ensure lien rights are established timely, correctly, and effectively.
While we are happy to provide this guide as a quick reference, we HIGHLY encourage that you work with a construction attorney to help you with your particular circumstances in our complex construction lien law environment.
Utah Quick Overview
| Pursuant Code | UT Code Ann. §§ 38-1a-501 et seq. | |
| State Portal | https://secure.utah.gov/scr/ | |
| Prelien Required for Private/Commercial Projects | Yes | |
| Prelien Required for Public Projects | Yes | |
| UT Statutory Relief | Full Price | |
| Lien Milestone Event | Overall project completion | |
| Lien Enforcement Deadline | 120 to 180 days | |
| Waivable Lien Rights | No | |
| Supplier to Supplier Rights | Likely Yes | |
| Prelien Document Name(s) | Notice of Preconstruction Services | |
| Prelien Minimum Information | Claimant name and address, party contracted with, property address and county, project owner, original contractor, construction loan information, permit number. | |
| Prelien Minimum Notifications | Filed on SCR; electronic notification to Owner, General Contractor, and other parties listed. | |
| Prelien Recording Requirement | No | |
| Prelien Notarized | no |
Understanding the Prelien Process on Construction Projects in Utah by Role
In Utah, all tiers of claimants must file a preliminary notice on the State Construction Registry (SCR) within 20 days of first furnishing labor or materials. Late filings are effective five days after filing, limiting recoverable amounts to those provided afterward. Notice must be filed before 10 days have passed following any Notice of Completion.
Possible Exceptions, Special Circumstances, and Caveats in Utah
Residential: Different lien recording timelines may apply to residential construction.
Mechanic's Liens in Utah
In Utah, contractors, subcontractors, and suppliers must file a mechanics lien within 180 days after the final completion of the original contract if no Notice of Completion is filed, or within 90 days after a Notice of Completion is filed. Prior to filing a lien, a preliminary notice must be filed via the State Construction Registry (SCR) within 20 days after first furnishing labor or materials on the project. A lawsuit to enforce the lien must be filed within 180 days after the filing of the lien.
Bond Claims in Utah
In Utah, claimants seeking payment under a bond for public projects must file a preliminary notice through the State Construction Registry (SCR) within 20 days after first furnishing labor or materials. A bond claim must generally be made within 90 days after the last furnishing of labor or materials. The claimant must then file a lawsuit to enforce the bond claim within 1 year after the last date of furnishing labor, services, or materials.
Construction Lien Waivers in Utah
Required Format: Utah is one of a dozen states where all waivers MUST substantially follow statutorily required verbiage to be valid so be sure to check with your constuction attorney and consult the relevant state statutes.
Required Notarization: Utah does not require waivers to be notarized.
Utah allows lien waivers which must be clear and unconditional to be enforceable. Statutory waiver forms are not required but are commonly used for consistency.
Learn more about waivers here, including the when and how to use various types of waivers, the difference between a Lien Waiver and a Lien Release, what to look for before signing, and more.
- As a client, you'll have free access to our system that easily creates statutorily correct lien waivers.
- Through our technology partner Prelien Pro, you can also access best-in-class lien waiver management software, allowing you to easily track, collaborate, and share lien waivers with all your trade partners.
Assessors' websites in Utah counties
Most often, the county Assessor's office is the 'go-to' resource for finding online lien-related information for construction project parcels, including ownership records, special warranty deeds, and more. Counties that we've not yet found online (those with '*') link to a Google search for your convenience.
Other Important Construction Links in Utah
Frequently Asked Questions (FAQs) on Utah Lien Processes for Contractors
Do I need to send a preliminary notice to protect my lien rights in Utah?
Yes. Preliminary notice must be filed through the State Construction Registry (SCR) within 20 days after first furnishing labor or materials on both private and public projects.
How long do I have to file a mechanics lien in Utah?
You must file your mechanics lien within 180 days after final completion of the project if no Notice of Completion is recorded, or within 90 days after a Notice of Completion is recorded.
Can I still file a lien if I miss the 20-day preliminary notice deadline in Utah?
If the preliminary notice is filed late, it only protects labor, services, and materials furnished within 5 days before the notice filing date and afterward, not retroactively to the beginning of the work.
Do suppliers and second-tier subcontractors need to send preliminary notice in Utah?
Yes. All subcontractors, suppliers, and equipment lessors who are not in direct contract with the owner must file preliminary notice through the State Construction Registry.
Is there a separate process for enforcing a bond claim on public projects in Utah?
Yes. In addition to filing a preliminary notice through the SCR within 20 days of first furnishing, a bond claim must be made within 90 days after last furnishing, and a lawsuit must be filed within 1 year to enforce the claim.
We Set the Standard for the Construction Industry
Not only do we provide you with the tools, knowledge, and team to ensure you feel confident your rights are secured, but we're prepared for the trenches and ready to coordinate with your legal team when things "go sideways" on one of your projects.
