"Utah Legislation & Cases" Posts

Utah Mechanic's Lien Law

Utah’s Mechanic’s Lien law has been now changed to Utah Preconstruction and Construction Lien law.  LienCounsel’s owner and president, Dana T. Farmer, is the Utah Mechanics Lien lawyer and is very familiar with Utah Lien Law and Utah Bond Law.  He is also well versed in Utah Construction Bond Law and has litigated numerous Utah bond law cases and Utah lien law cases.  Utah lien law is frequently changing and the legislature is regularly changing requirements for Utah preliens, Utah lien rights, Utah lien deadlines, Utah Preliminary Notice and other Utah construction notice requirements.  While there are many construction lawyers in the state of Utah, Smith Knowles, P.C. has several of Utah’s best construction lawyers and LienCounsel’s owner, Dana T. Farmer is an experienced construction lawyer and is a trusted source for information of how to file a mechanic’s lien in Utah, how to file a construction liens in Utah, how to file Utah bond claims, and other Utah construction defect cases and Utah construction delay cases.

Small Claims Court

When contractors and suppliers are furnishing labor and materials to a property owner, they can ignore the SCR prelien process and use judgment liens to secure payment rather than construction liens.  Judgment liens are only available on the property of the owner, and are available after a judgment is received.  The quickest and simplest way to get a judgment is in small claims court.  In Utah,  you can get a small claims judgment for up to $10,000.00.  The forms and process for using small claims are available on the Utah State Courts website.  

FREE LIVE Webinars

Don't miss out on LienCounsel's weekly webinars.  There are various topics being taught, including:
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HB 260 violates the Utah Constitution Part 1

Art I, sec 24 of the Utah Constitution requires laws of a general nature to operate uniformly. The Utah Supreme Court recognizes this section is akin to, but more strict than, the Equal Protection Clause of the federal constitution. So just because a law may work under the Equal Protection Clause does not mean it will pass the Uniform Operation Clause of the State Constitution. Whitmer v. City of Lindon, 943 P.2d 226 (Utah 1997).
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HB 260 SCR Amendments

I have several concerns about this bill. I will address those concerns separately in individual posts becasue it is too much information for one post. This is an open thread for comments. Remember to keep the comments addressed to the bill, not attacks on the sponsors.

Utah Mechanic's Lien Law

Utah mechanic's lien law is governed by Utah Code Title 38-1-1 to 38-1-40. Within these sections of the code are all the rules for when a lien must be filed; the information a lien must contain; who you have to send you lien to; and when you have to file a lawsuit to foreclose your lien.