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, any person who desires to claim a construction lien must file a Preliminary Notice with the State Construction Registry (SCR) within 20 days after commencing construction work on the project. Failure to file a timely Preliminary Notice will bar the lien claim entirely.

☐ 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(3), a late-filed Preliminary Notice preserves lien rights only for work performed beginning 5 days after the late 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

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 must file an action to enforce the construction lien within 180 DAYS after the filing of a Notice of Completion, or within 180 DAYS after final completion of the original contract if no Notice of Completion is filed. If the claimant fails to file a timely enforcement action, the lien is void.

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. Bonding Against Lien (Utah Code § 38-1a-601)

The owner or any interested party may obtain a release of this lien by filing a surety bond with the County Recorder in the amount of 150% of the lien amount (or such other amount as the court may order). The bond must be issued by a surety authorized to do business in Utah. Upon recording of the bond, the lien on the property is released and transferred to the bond.

C. Wrongful Lien (Utah Code § 38-1a-802)

A person who records a wrongful lien (one not authorized by statute or supported by facts) may be liable for the greater of $1,000 or actual damages, plus reasonable attorney's fees and costs.

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

1. 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.
2. 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.
3. Residential Projects: Additional notice and disclosure requirements may apply to owner-occupied residential property.
4. Lis Pendens: When filing suit to enforce the lien, a lis pendens should also be recorded.
5. Penalties for Wrongful Lien: Filing a lien that is not authorized or supported by facts may result in significant penalties under § 38-1a-802.

FILING INSTRUCTIONS

1. Ensure Preliminary Notice was filed with the SCR within 20 days of commencing work
2. Complete all sections of this Notice of Construction Lien
3. Have the Claimant sign under oath before a Notary Public
4. Record the original with the County Recorder in the county where the property is located
5. Serve a copy on the property Owner
6. Calendar the enforcement deadline (180 days after Notice of Completion or final completion)
7. 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-601 — Bonding Against Lien
• Utah Code § 38-1a-701 — Enforcement of Lien
• Utah Code § 38-1a-802 — Wrongful Lien Penalties
• Utah State Construction Registry: https://secure.utah.gov/scr/
• Utah State Legislature: https://le.utah.gov/xcode/Title38/C38_1800010118000101.pdf