Mechanic’s Liens and Bond Claims in Utah

We help our clients to protect their money through drafting and filing Utah mechanic’s liens, payment bond, and performance bond claims. Our attorneys work with our clients to draft and enforce contracts, credit applications, personal guarantees, indemnity agreements, letters of credit, security agreements, UCC filings, joint check agreements, and mechanic’s lien waivers. The lawyers of our firm also educate our clients about protecting their money through Utah’s State Construction Registry (SCR) by filing Notices of Commencement, Preliminary Notices, and Notices of Completion. When it comes to protecting your money on mechanic’s lien and payment bond claims, you could say that we “wrote the book” – our firm publishes “Protecting Your Money: Utah’s Mechanic’s Lien Law.” We have also written a number of articles for the National Association of Credit Management (NACM) and other associations regarding construction-related collection issues.

Our attorneys help clients to recover unpaid construction debts by:

Unsure if filing a mechanics lien is the right action for your organization at this time? The questions below may help guide you toward the right answer.

1. When should I consider filing a mechanic’s lien in Utah?

You should consider filing a mechanic’s lien if you have provided labor, materials, or services for a construction project in Utah and have not received payment. A mechanic’s lien can be a powerful tool to ensure you get paid for your work, as it creates a legal claim against the property, giving you leverage to collect unpaid amounts.

2. What steps do I need to take before filing a mechanic’s lien in Utah?

Before filing a mechanic’s lien, you must send a preliminary notice to the property owner and general contractor within 20 days of starting work or supplying materials. This notice is required to preserve your right to file a lien later. If you’ve already sent the preliminary notice and still haven’t been paid, you can file a lien with Utah SCR office within 90 days of the project completion.

3. Will filing a mechanic’s lien guarantee I will get paid?

Filing a mechanic’s lien doesn’t guarantee payment, but it significantly increases your chances of being paid. It places a legal claim on the property, which can lead to foreclosure if the debt remains unpaid. In many cases, property owners are motivated to resolve liens quickly to avoid complications with selling or refinancing the property. However, if payment is still not made, you may need to pursue legal action to enforce the lien within 180 days of filing.

At Babcock Scott and Babcock we have extensive experience, in and out of the courtroom, in effectively helping our clients to protect their money and to collect unpaid construction debts through Utah mechanics liens.