LearningCenter

Call (855) 797-2295

 

Idaho  |  Utah  |  Wyoming

Ask Us Questions

We'd Love To Help


 
 
What is a Preconstruction Service Lien?

A Preconstruction Service Lien is a document recorded with the county recorder to give notice to the property owner that a lien for Preconstruction Services has been filed against their property.


Who may record a Preconstruction Service Lien?

Any person who furnishes Preconstruction Services. Preconstruction services means:

  • to plan or design, or to assist in the planning or design of, an improvement or a proposed improvement before construction of the improvement commences; and
  • for compensation separate from any compensation paid or to be paid for construction service for the improvement; and includes
    • consulting,
    • conducting a site investigation or assessment,
    • programming,
    • preconstruction cost or quantity estimating,
    • preconstruction scheduling, performing a preconstruction construction feasibility review,
    • procuring construction services, and
    • preparing a
      • study,
      • report,
      • rendering,
      • model,
      • boundary or
      • topographic survey,
      • plat,
      • map,
      • design,
      • plan,
      • drawing,
      • specification, or
      • contract document.

What information must the Preconstruction Service Lien Contain?

The Preconstruction Service Lien must include the following information:

  • your name, mailing address, and telephone number
  • a statement that you claims a preconstruction service lien
  • the date your Notice of Retention was filed
  • the name of the person who employed you
  • a general description of the preconstruction service you provided
  • the date that you last provided preconstruction service
  • the name, if known, of the reputed owner of the property on which the preconstruction service lien is claimed or, if not known, the name of the record owner of the property
  • a description of the property sufficient for identification
  • the principal amount, excluding interest, costs, and attorney fees, claimed by the claimant
  • your signature or the signature of your authorized agent
  • an acknowledgment or certificate as required under Title 57, Chapter 3, Recording of Documents; and
  • if the lien is against an owner-occupied residence, as defined in Section 38-11-102 , a statement meeting the requirements that the Division of Occupational and Professional Licensing has established in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, describing the steps an owner may take to require a claimant to remove the lien as provided in Section 38-11-107
  • If you are a general preconstruction contractor you may include in a notice of preconstruction service lien
  • the name, address, and telephone number of each subcontractor who is under contract with you to provide preconstruction service which you are under contract to provide.
  • The inclusion of a subcontractor in a notice of preconstruction service lien filed by another claimant is not a substitute for the subcontractor's own submission of a notice of preconstruction service lien

When must the Preconstruction Service Lien be recorded?

Within 90 days after you last furnish Preconstruction Services,


Where is the Preconstruction Service Lien recorded?

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


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

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

Where

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

How

The Preconstruction Service Lien must be sent by certified mail, postage prepaid.


May a single Preconstruction 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 parcel.


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

Yes.


After a Preconstruction 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 lien.


After I am 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.


 
 

Call
(855) 797-2295

Send Us an Email