Recent Posts

Protecting Lien Rights on Retail Projects

When contractors and suppliers do work on retail projects, contractors and suppliers can be faced with certain complex problems that you need to make sure that you are aware of in order to fully protect you and enforce your rights.
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Liens for Maintenance and Snow Removal

In Utah, lien rights are limited to work which is done for the alternation, repair, or improvement of property.  Often, landscape contractors and others who do maintenance work want to file liens for the work that they have done.  Since maintenance work does not qualify for liens, nor does snow removal, we often have contractors call and ask whether they can get paid for maintenance work.  Of course, the answer is: no.  But, even though a construction lien cannot be used for maintenance or snow removal, a judgment lien can. 
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Difference Between a Construction Lien and Judgment Lien

Now that contractors and suppliers are required to file preliminary notices in the State Construction Registry to have construction/mechanics lien rights, I am frequently asked by contractors who do service work or other work directly for owners, whether they should file a preliminary notice for every job.  Since many of these jobs are of relatively small value, the administrative costs of filing a preliminary notice for each job can be significant.  Therefore, one of the recommendations I make is to use the judgment lien process rather than the construction lien process. 
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Changes to State Construction Registry Operation

On May 13, 2014 House Bill 42 will go into effect.  This new law makes the following changes to the State Construction Registry: 
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