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What is a Construction Service Lien?

The Construction Service Lien is the document recorded with the county recorder to give notice to the property owner that a lien for construction services has been filed against their property.


Who may record a Construction Service Lien?

Any person who furnishes Construction Services. Construction Services means:

to provide labor, material, or equipment for the purpose and during the process of constructing, altering, or repairing an improvement; and includes the

  • scheduling,
  • estimating,
  • staking,
  • supervising,
  • managing,
  • materials testing,
  • inspection,
  • observation, and
  • quality control or assurance involved in constructing, altering, or repairing an improvement.

What information must the Construction Service Lien contain?

The Construction Service Lien must include the following information:

  1. The name, address, and phone number of the lien claimant;
  2. The name of the debtor,
    1. i.e. the person who purchased the claimant's labor or material;
  3. The name of the reputed owner;
  4. Then name of the record owner;
  5. The amount of the claim;
  6. A description of the property;
  7. Lien Recovery fund language;
  8. An acknowledgement15.

15   UTAH CODE ANN. § 38-1-7(2)(a-h)


When must the Construction Service Lien be recorded?

The lien must be recorded within one hundred and eighty (180) days after final completion of the original contract (certificate of occupancy)16,

Lien Timeline

Figure 8 Lien Recording Deadline

Unless a Notice of Completion is filed in the State Construction Registry. If a Notice of Completion is filed, the lien is due within ninety (90) days after a Notice of Completion is filed17.

Lien Timeline

Figure 9 Lien Recording Deadline where Notice of Completion has been filed

16   UTAH CODE ANN. § 38-1-7(1)(a)

17   UTAH CODE ANN. § 38-1-33(3)(a)


Where is the Construction Service Lien Recorded?

The lien must be recorded in the office of the country recorder in the county where the property is located18.

18   UTAH CODE ANN. § 38-1-7(1)(a)


Does a copy of the lien have to be to sent to anyone?

Yes. A copy of the lien must be sent to the record owner within thirty (30) days after it is recorded19.

Copy of Lien to Owner Timeline

Figure 10 Deadline for sending owner copy of Construction Service Lien

Where

The Construction Service Lien is properly sent if is mailed to the address where tax notices for the liened property are sent20.

How

The Construction Service Lien must be sent by certified mail, postage prepaid21.

19   UTAH CODE ANN. § 38-1-7(3)(a)

20   UTAH CODE ANN. § 38-1-7(3)(b)

21   UTAH CODE ANN. § 38-1-7(3)(a)


May a single Construction Service Lien be used to lien more than one piece of property?

Yes, if the parcels are commonly owned and if the lien states the amount owed for each parcel22.

22   UTAH CODE ANN. § 38-1-8


Am I entitled to recover attorney fees or costs for preparing and recording a lien?

Yes23.

23   UTAH CODE ANN. § 38-1-17 & 18


After a Construction Service Lien is recorded, must any further action be taken to collect?

Yes, within one hundred and eighty (180) days after the lien is recorded, the lien must be enforced by filing a lawsuit foreclosing the lien24.

Foreclosure Timeline

Figure 11 Lien Foreclosure Deadline

24   UTAH CODE ANN. § 38-1-11(1)


After I have been paid do I have to release my lien?

Yes. If you record a lien and are later paid, any person with an interest in the property you liened can ask that the lien be released and if you do not do so within ten (10) days, you are liable for a penalty $100.00 per day or actual damages, which ever is greater.


 
 

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