Mechanics Lien Filing Package — Utah

Mechanics Lien Filing Package (UTAH)

Quick-Reference Summary

Part A — Pre-Lien Notice

PRELIMINARY NOTICE — STATE CONSTRUCTION REGISTRY

Filed pursuant to Utah Code § 38-1a-501
Filed electronically at: https://secure.utah.gov/scr/
Filing deadline: Within twenty (20) days after the claimant first furnished labor, service, equipment, or materials to the project.

SCR Project Number (if known): [____________________]

1. Claimant Information

2. Person Who Hired the Claimant

3. Project Property

• Owner of record (reputed owner): [________________________________]
• Owner mailing address: [________________________________]
• Project street address: [________________________________]
• County: [________________________________]
• Tax parcel / serial no.: [________________________________]
• Legal description: [________________________________________________________]

4. Description of Work or Materials

[____________________________________________________________]

5. Date Claimant First Furnished Labor or Materials

[__/__/____]

6. Owner-Occupied Residence?

☐ Yes — Lien Recovery Fund Act (§ 38-11) applies; claimant must be properly licensed and registered.
☐ No

Signature of Claimant or Authorized Agent: ______________________________
Date: [__/__/____]

NOTE: Filing the Preliminary Notice on the SCR is mandatory. Failure to file within 20 days after first furnishing forfeits lien rights for items furnished before the late filing (lien rights may resume prospectively from the filing date). See § 38-1a-501(2).

Part B — Claim of Mechanics Lien

NOTICE OF CONSTRUCTION LIEN

Recorded pursuant to Utah Code § 38-1a-502
State of Utah, County of [________________________________]

The undersigned claimant, under penalty of perjury, gives notice of and claims a construction lien upon the real property described below.

1. Reputed Owner / Record Owner

• Name: [________________________________]
• Address: [________________________________]

2. Person by Whom Claimant Was Employed / To Whom Claimant Provided Construction Work

• Name: [________________________________]
• Address: [________________________________]

3. Dates of Work

• First date claimant provided construction work: [__/__/____]
• Last date claimant provided construction work: [__/__/____]

4. Description of Project Property (sufficient for identification)

• Street address: [________________________________]
• County: [________________________________]
• Tax parcel / serial no.: [________________________________]
• Legal description:

[____________________________________________________________]
[____________________________________________________________]

5. Claimant Information

• Name: [________________________________]
• Current address: [________________________________]
• Current phone: [________________________________]

6. Amount Claimed

• Principal amount due and unpaid: $[____________]
• Description of labor, services, equipment, or materials furnished:

[____________________________________________________________]

7. Owner-Occupied Residence Statement (required if § 38-11-102 owner-occupied residence)

NOTICE TO OWNER (Utah Code § 38-1a-502(2)(i) / § 38-11-107):
Under Utah Code § 38-11-107, if you are an owner of an owner-occupied residence and you have paid the licensed original contractor in full for the work for which this lien is claimed, you may apply to the Division of Occupational and Professional Licensing for an order requiring the claimant to remove this lien from your property. You may also be entitled to recover from the Residence Lien Recovery Fund. To obtain the application form or further information, contact the Division of Occupational and Professional Licensing, Department of Commerce, State of Utah.

8. Signature and Acknowledgment

Dated: [__/__/____]

Claimant: [________________________________]
By: ______________________________
Print name: [________________________________]
Title: [________________________________]

STATE OF UTAH )
) ss.
COUNTY OF [_______________] )

On this [____] day of [____________], 20[____], personally appeared before me [________________________________], who being duly sworn, acknowledged the foregoing Notice of Construction Lien to be true and correct to the best of [his/her] knowledge.

Notary Public: ______________________________
My commission expires: [__/__/____]

RECORDING: Submit to the county recorder of each county in which the project property is located, no later than the earlier of (a) 90 days after a Notice of Completion is filed on the SCR under § 38-1a-507, or (b) 180 days after final completion of the original contract.

Part C — Notice of Filing Lien Claim to Owner

NOTICE TO OWNER OF FILED NOTICE OF CONSTRUCTION LIEN

Served pursuant to Utah Code § 38-1a-502(4)
Service deadline: Within thirty (30) days after recording the Notice of Construction Lien.

Date: [__/__/____]

To (Reputed Owner):
[________________________________]
[________________________________]
[______________________], UT [_______]

RE: Notice of Construction Lien recorded against your property

You are hereby notified that on [__/__/____], the undersigned claimant recorded a Notice of Construction Lien in the office of the Recorder of [_______________] County, Utah, as Entry No. [_______________], encumbering the property commonly described as:

[____________________________________________________________]

Amount claimed: $[____________]
Claimant: [________________________________]
Claimant address: [________________________________]
Claimant phone: [________________________________]

A true and correct copy of the recorded Notice of Construction Lien is enclosed.

METHOD OF SERVICE (check one):
☐ Personal delivery
☐ Certified mail, return receipt requested, to reputed owner's last known address
☐ Posting on the project property (if owner cannot, with reasonable diligence, be located in Utah — § 38-1a-502(4)(b))

Signature of Claimant or Authorized Agent: ______________________________

WARNING TO CLAIMANT: Failure to serve the owner within 30 days after recording does not invalidate the lien but may limit damages and bar recovery of attorney fees in a subsequent action (§ 38-1a-502(4)(d)).

Part D — Suit to Foreclose

COMPLAINT TO FORECLOSE CONSTRUCTION LIEN

Filed pursuant to Utah Code § 38-1a-701
Filing deadline: Within 180 days after the date the Notice of Construction Lien was recorded.

IN THE DISTRICT COURT OF [______________] COUNTY, STATE OF UTAH

Case No.: [______________]
Judge: [______________]

COMPLAINT TO FORECLOSE CONSTRUCTION LIEN; FOR BREACH OF CONTRACT; AND FOR ATTORNEY FEES

Plaintiff [CLAIMANT NAME], by and through undersigned counsel, complains and alleges:

PARTIES, JURISDICTION, AND VENUE

1. Plaintiff is a [entity type] organized under the laws of [state] and at all relevant times was duly licensed under Utah law to perform the work described herein.

2. Defendant [OWNER NAME] is the record owner of the real property described in paragraph 6.

3. Defendant [ORIGINAL CONTRACTOR] is a [entity type] doing business in Utah.

4. Defendant [LENDER] holds a recorded interest in the subject property junior or senior to Plaintiff's lien.

5. Venue is proper in this Court under Utah Code § 78B-3-301 because the real property at issue is located in [______________] County.

FACTUAL ALLEGATIONS

6. The property at issue (the "Property") is located at [________________________________], [______________] County, Utah, and is more particularly described as:

[____________________________________________________________]

7. On or about [__/__/____], Plaintiff entered into a contract with [________________________________] to furnish [labor / materials / equipment / services] for improvement of the Property.

8. Plaintiff furnished labor and/or materials to the Property from [__/__/____] through [__/__/____].

9. The reasonable value of the labor and/or materials furnished is $[____________].

10. Plaintiff has been paid $[____________], leaving an unpaid balance of $[____________].

11. Plaintiff timely filed a Preliminary Notice on the State Construction Registry on [__/__/____], in compliance with Utah Code § 38-1a-501.

12. Plaintiff timely recorded a Notice of Construction Lien against the Property on [__/__/____], as Entry No. [______________] in the Office of the [______________] County Recorder, in compliance with Utah Code § 38-1a-502.

13. Plaintiff timely served a copy of the Notice of Construction Lien on Defendant [OWNER] on [__/__/____], in compliance with Utah Code § 38-1a-502(4).

FIRST CAUSE OF ACTION — Foreclosure of Construction Lien (Utah Code § 38-1a-701)

14. Plaintiff incorporates the preceding paragraphs.

15. By reason of the foregoing, Plaintiff has a valid construction lien upon the Property in the principal amount of $[____________], plus interest, costs, and attorney fees.

16. Plaintiff is entitled to foreclose its construction lien, have the Property sold under decree of this Court, and have the proceeds applied to satisfaction of the lien.

SECOND CAUSE OF ACTION — Breach of Contract

17. Plaintiff incorporates the preceding paragraphs.

18. Defendant [CONTRACTING PARTY] breached the contract by failing to pay amounts due. Plaintiff has been damaged in the amount of $[____________], plus prejudgment interest at the statutory rate.

THIRD CAUSE OF ACTION — Unjust Enrichment (Pleaded in the Alternative)

19. Plaintiff incorporates the preceding paragraphs.

20. Defendants received the benefit of Plaintiff's labor and/or materials under circumstances making it inequitable for them to retain that benefit without payment.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for judgment:

a. Adjudging and decreeing that Plaintiff has a valid construction lien upon the Property in the principal amount of $[____________], with interest from [__/__/____];

b. Foreclosing the lien and ordering the Property sold according to law;

c. Awarding Plaintiff its costs and reasonable attorney fees under Utah Code § 38-1a-707;

d. Granting such other and further relief as the Court deems just.

DATED this [____] day of [____________], 20[____].

[________________________________]
Attorney for Plaintiff
Utah Bar No. [______________]

VERIFICATION

I, [________________________________], declare under penalty of perjury under the laws of Utah that the foregoing factual allegations are true and correct to the best of my knowledge.

Signed: ______________________________ Date: [__/__/____]

Part E — Pre-Filing Checklist

☐ Confirm claimant is properly licensed under Utah Construction Trades Licensing Act (if license is required for the work).
☐ Confirm contract scope, dates, and unpaid amount with supporting invoices, change orders, and time records.
☐ Verify SCR Notice of Commencement was filed for the project (if required; original contractor's obligation).
☐ File Preliminary Notice on the SCR within 20 days of first furnishing (§ 38-1a-501). Print confirmation receipt.
☐ Monitor SCR for any Notice of Completion under § 38-1a-507 — this triggers the 90-day recording window.
☐ Pull a current title report to confirm record owner, legal description, parcel number, and senior encumbrances.
☐ Calculate the lien deadline: earlier of (a) 90 days after Notice of Completion, or (b) 180 days after final completion of original contract.
☐ Prepare Notice of Construction Lien with all § 38-1a-502(2) required contents (owner name; hiring party; dates; property description; claimant info; amount; signature; acknowledgment; and, for owner-occupied residences, the § 38-11-107 owner-removal statement).
☐ Notarize the Notice of Construction Lien.
☐ Record the Notice of Construction Lien in the county recorder's office of each county where the property lies.
☐ Serve the Notice of Construction Lien on the reputed owner within 30 days of recording, by certified mail or personal service (§ 38-1a-502(4)). Retain certified-mail receipts.
☐ File a copy of the recorded Notice of Construction Lien on the SCR.
☐ Calendar the 180-day foreclosure deadline (§ 38-1a-701) measured from recording.
☐ Evaluate Residence Lien Restriction Act (§ 38-11) defenses if the project is an owner-occupied residence.
☐ Confirm no statutory bond has been substituted for the lien under § 38-1a-803 (if so, suit must run against the bond).
☐ Review wrongful-lien exposure under § 38-1a-802 before recording — confirm amount, dates, and lienable scope.

Sources and References

• Utah Code § 38-1a-101 et seq. — https://le.utah.gov/xcode/Title38/Chapter1A/38-1a.html
• Utah Code § 38-1a-501 (Preliminary Notice) — https://le.utah.gov/xcode/Title38/Chapter1A/38-1a-S501.html
• Utah Code § 38-1a-502 (Notice of Construction Lien) — https://le.utah.gov/xcode/Title38/Chapter1A/38-1a-S502.html
• Utah Code § 38-1a-507 (Notice of Completion) — https://le.utah.gov/xcode/Title38/Chapter1A/38-1a-S507.html
• Utah Code § 38-1a-701 (Enforcement) — https://le.utah.gov/xcode/Title38/Chapter1A/38-1a-S701.html
• Utah Code § 38-1a-802 (Wrongful lien) — https://le.utah.gov/xcode/Title38/Chapter1A/38-1a-S802.html
• Utah Code § 38-11 (Residence Lien Restriction and Lien Recovery Fund Act) — https://le.utah.gov/xcode/Title38/Chapter11/38-11.html
• Utah State Construction Registry — https://secure.utah.gov/scr/
• Utah Division of Occupational and Professional Licensing — https://dopl.utah.gov/