Construction Lien Claim - Utah
NOTICE OF CONSTRUCTION LIEN
State of Utah
County of [________________________________]
IMPORTANT FILING NOTICE
Utah uses the term "Construction Lien" rather than "Mechanics Lien." Under Utah Code § 38-1a-501, a Preliminary Notice must be filed with the State Construction Registry (SCR) within 20 days of commencing work. The Notice of Construction Lien must be filed within 180 days after final completion (or 90 days after a Notice of Completion is filed). Failure to file a timely Preliminary Notice will result in loss of lien rights.
I. CLAIMANT INFORMATION
Full Legal Name of Claimant: [________________________________]
Claimant Entity Type:
☐ Individual / Sole Proprietor
☐ Corporation
☐ Limited Liability Company (LLC)
☐ Partnership
☐ Joint Venture
☐ Other: [________________________________]
Claimant Mailing Address:
[________________________________]
[________________________________]
City: [________________________________] State: UT ZIP: [____]
Claimant Phone: [________________________________]
Claimant Email: [________________________________]
Utah Contractor License No.: [________________________________]
Claimant's Role in the Project:
☐ Original Contractor (direct contract with Owner)
☐ Subcontractor
☐ Sub-subcontractor
☐ Material Supplier
☐ Equipment Supplier / Lessor
☐ Laborer
☐ Architect / Engineer
☐ Other: [________________________________]
II. PROPERTY OWNER INFORMATION
Full Legal Name of Property Owner: [________________________________]
Owner Mailing Address:
[________________________________]
[________________________________]
City: [________________________________] State: [____] ZIP: [____]
Owner Phone (if known): [________________________________]
Owner Email (if known): [________________________________]
III. ORIGINAL CONTRACTOR INFORMATION
(If Claimant is not the Original Contractor)
Original Contractor Name: [________________________________]
Original Contractor Address:
[________________________________]
[________________________________]
City: [________________________________] State: [____] ZIP: [____]
Original Contractor License No.: [________________________________]
IV. HIRING PARTY INFORMATION
(Complete if the Claimant was not hired directly by the Owner or Original Contractor)
Name of Party Who Hired Claimant: [________________________________]
Hiring Party's Relationship to Project:
☐ Original Contractor
☐ Subcontractor
☐ Agent of Owner
☐ Other: [________________________________]
Hiring Party Address:
[________________________________]
[________________________________]
City: [________________________________] State: [____] ZIP: [____]
V. PROPERTY DESCRIPTION
Property Street Address:
[________________________________]
[________________________________]
City: [________________________________], Utah [____]
County: [________________________________], Utah
Legal Description of Property:
[________________________________]
[________________________________]
[________________________________]
[________________________________]
(Attach Exhibit A for full legal description if additional space is needed)
☐ Exhibit A — Legal Description is attached hereto and incorporated by reference.
Tax Parcel / Serial Number: [________________________________]
State Construction Registry (SCR) Project Number (if known): [________________________________]
VI. NOTICE OF CONSTRUCTION LIEN
A. Statement of Claim
Pursuant to Utah Code § 38-1a-502, the undersigned Claimant hereby files this Notice of Construction Lien upon the above-described real property and improvements thereon for construction work provided, including labor, services, equipment, and/or materials furnished for the improvement of said property.
B. Nature of Construction Work Provided
Type of Project:
☐ New Construction — Residential
☐ New Construction — Commercial
☐ Alteration / Renovation
☐ Repair
☐ Demolition
☐ Site Work / Grading
☐ Other: [________________________________]
Description of Construction Work Provided:
[________________________________]
[________________________________]
[________________________________]
[________________________________]
C. Contract Information
Type of Contract:
☐ Written Contract
☐ Oral Contract
☐ Implied Contract
☐ Purchase Order(s)
Original Contract Price: $[________________________________]
Approved Change Orders: $[________________________________]
Total Adjusted Contract Price: $[________________________________]
VII. DATES OF CONSTRUCTION WORK
Date Claimant First Provided Construction Work: [__/__/____]
Date Claimant Last Provided Construction Work: [__/__/____]
Date of Final Completion of the Project (if known): [__/__/____]
VIII. AMOUNT OF LIEN CLAIMED
Total Contract Amount (including change orders): $[________________________________]
Total Payments Received to Date: $[________________________________]
Credits and Offsets Applied: $[________________________________]
Retainage Withheld: $[________________________________]
TOTAL AMOUNT OF CONSTRUCTION LIEN CLAIMED: $[________________________________]
IX. PRELIMINARY NOTICE COMPLIANCE (Utah Code § 38-1a-501)
A. Preliminary Notice Filing
Under Utah Code § 38-1a-501, a person who desires to claim a construction lien must file a Preliminary Notice with the State Construction Registry (SCR) no later than 20 days after commencing construction work on the real property. A late filing may preserve only work provided on or after the fifth day after filing, and a filing more than 10 days after a Notice of Completion has no effect.
☐ Preliminary Notice was filed with the SCR within 20 days of commencing work
- Date Filed: [__/__/____]
- SCR Filing Confirmation No.: [________________________________]
☐ Preliminary Notice was filed late (after the 20-day deadline)
- Date Filed: [__/__/____]
- Note: Under § 38-1a-501(1)(c), a late-filed Preliminary Notice excludes work provided before the date that is five days after the filing date.
☐ Preliminary Notice was NOT filed (WARNING: Failure to file a Preliminary Notice bars the right to claim a construction lien under Utah law)
☐ Claimant is the Original Contractor with a direct contract with the Owner (Verify whether Preliminary Notice is still required for your specific situation)
B. Notice of Completion (Utah Code § 38-1a-507)
☐ Notice of Completion has been filed with the SCR
- Date Filed: [__/__/____]
☐ Notice of Completion has NOT been filed
☐ Unknown
If a Notice of Completion is filed, the deadline to file the Notice of Construction Lien is reduced from 180 days to 90 days.
X. FILING DEADLINE COMPLIANCE
| Scenario | Lien Filing Deadline |
|---|---|
| No Notice of Completion filed | Within 180 days after final completion of the project |
| Notice of Completion filed | Within 90 days after the Notice of Completion is filed with the SCR |
| Preliminary Notice filed late | Lien limited to work performed beginning 5 days after late filing |
| Preliminary Notice filed more than 10 days after Notice of Completion | Preliminary Notice has no effect — no lien rights |
Applicable Filing Deadline: [__/__/____]
Date of This Filing: [__/__/____]
☐ Claimant confirms this Notice of Construction Lien is being filed within the applicable statutory deadline.
XI. VERIFICATION
I, [________________________________], being duly sworn, state that I am the Claimant named above (or the [________________________________] of the Claimant entity), that I have read the foregoing Notice of Construction Lien, that the statements contained herein are true and correct to the best of my knowledge and belief, and that the amount claimed, $[________________________________], is justly due and owing after deducting all just credits and offsets.
Signature: ________________________________
Printed Name: [________________________________]
Title (if entity): [________________________________]
Date: [__/__/____]
XII. NOTARY ACKNOWLEDGMENT
State of Utah
County of [________________________________]
On this [____] day of [________________], 20[____], before me, the undersigned Notary Public, personally appeared [________________________________], known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same in his/her authorized capacity.
Notary Public Signature: ________________________________
Printed Name: [________________________________]
My Commission Expires: [__/__/____]
[NOTARY SEAL]
XIII. RECORDING INFORMATION
This Notice of Construction Lien must be recorded with the County Recorder in the county where the property is located.
Recording Fee: $[________________________________]
County Recorder's Office: [________________________________]
XIV. ENFORCEMENT DEADLINES
CRITICAL: Under Utah Code § 38-1a-701, a lien claimant generally must file the enforcement action within 180 DAYS after the day the claimant files the Notice of Construction Lien. Counsel must also complete the statute's notice-of-pendency requirements and check any applicable exception.
| Action | Deadline | Statute |
|---|---|---|
| File Preliminary Notice with SCR | 20 days after commencing work | § 38-1a-501 |
| File Notice of Construction Lien with County Recorder | 180 days after final completion (or 90 days after Notice of Completion) | § 38-1a-502 |
| File suit to enforce construction lien | Generally 180 days after filing the Notice of Construction Lien | § 38-1a-701 |
XV. LIEN RELEASE AND BONDING PROVISIONS
A. Release of Lien
Upon full payment of the amount claimed plus any accrued interest, costs, and attorney's fees, Claimant shall execute and record a Release of Construction Lien with the County Recorder.
B. Alternate Security (Utah Code § 38-1a-804)
The owner or another interested person may use the notice-and-alternate-security procedure in § 38-1a-804. Apply the current statutory security-amount schedule to the actual lien amount; do not use a blanket 150% figure for every claim. Confirm the permitted security, recording, service, and pending-action steps from the current section.
C. Invalid or Wrongful Lien
Section 38-1a-802 governs waiver or limitation of lien rights and statutory waiver forms; it is not a wrongful-lien damages section. Analyze any invalid-lien remedy under the applicable provision of Chapter 1a and Utah's separate Wrongful Lien Act, Title 38, Chapter 9, without assuming a fixed damages formula.
XVI. PRIORITY OF LIEN
Under Utah Code § 38-1a-503, a construction lien relates back to and takes effect as of the time of commencement of construction work on the project. The lien has priority over any encumbrance that attaches after the commencement of construction work, subject to certain exceptions for purchase money mortgages and other statutory provisions.
XVII. ADDITIONAL NOTICES AND DISCLOSURES
- State Construction Registry (SCR): Utah maintains an online State Construction Registry at https://secure.utah.gov/scr/. All Preliminary Notices, Notices of Completion, and certain other notices must be filed through this system.
- Licensed Contractors: Utah requires contractors to hold a valid license issued by the Utah Division of Occupational and Professional Licensing (DOPL). Performing work without a license may affect lien rights.
- Residential Projects: Additional notice and disclosure requirements may apply to owner-occupied residential property.
- Lis Pendens: When filing suit to enforce the lien, a lis pendens should also be recorded.
- Invalid-lien exposure: Section 38-1a-802 concerns statutory lien-waiver forms, not wrongful-lien damages. Obtain counsel's analysis under the applicable Chapter 1a remedy and Title 38, Chapter 9.
FILING INSTRUCTIONS
- Ensure Preliminary Notice was filed with the SCR within 20 days of commencing work
- Complete all sections of this Notice of Construction Lien
- Have the Claimant sign under oath before a Notary Public
- Record the original with the County Recorder in the county where the property is located
- Serve a copy on the property Owner
- Calendar the enforcement deadline (generally 180 days after filing the Notice of Construction Lien under § 38-1a-701)
- Consult with an attorney regarding enforcement well in advance of the deadline
SOURCES AND REFERENCES
- Utah Code Title 38, Chapter 1a — Preconstruction and Construction Liens
- Utah Code § 38-1a-301 — Preconstruction Notice
- Utah Code § 38-1a-501 — Preliminary Notice (20-day filing requirement)
- Utah Code § 38-1a-502 — Notice of Construction Lien
- Utah Code § 38-1a-503 — Lien Priority
- Utah Code § 38-1a-507 — Notice of Completion
- Utah Code § 38-1a-803 — Cancellation after payment
- Utah Code § 38-1a-804 — Release and substitution of alternate security
- Utah Code § 38-1a-701 — Enforcement of Lien
- Utah Code § 38-1a-802 — Waiver or limitation of lien rights; statutory forms
- Utah Code Title 38, Chapter 9 — Wrongful Lien Act
- Utah State Construction Registry: https://secure.utah.gov/scr/
- Utah State Legislature: https://le.utah.gov/xcode/Title38/C38_1800010118000101.pdf
About this template
- Last updated
- July 20, 2026
- Jurisdiction
- Utah
- Category
- Real Estate
Legal authority
- Utah Code § 38-1a-301 - Preconstruction Notice
- Utah Code § 38-1a-501 - Preliminary Notice
- Utah Code § 38-1a-502 - Notice of Construction Lien
- Utah Code § 38-1a-507 - Notice of Completion
- Utah Code § 38-1a-701 - Enforcement of Lien
- Utah Code § 38-1a-803 - Cancellation after payment
- Utah Code § 38-1a-804 - Release and substitution of alternate security
- Utah Code Title 38, Chapter 9 - Wrongful Lien Act
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Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
The statutes this template relies on are listed under Legal authority.
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