Wasatch Lien Service, LLC assists contractors, subcontractors, and suppliers in preserving their lien and bond rights. If you provide materials or services in connection with the construction or improvement of real property in Utah, you are granted certain rights by statute.

TIME CONSTRAINTS

The following time constraints should be considered when preparing a notice of commencement, preliminary notice, notice of preconstruction service, or any type of lien:

Notice of Commencement of Project:

FOR STATE PUBLIC PROJECTS COMMENCING ON/AFTER AUGUST 1, 2011:

All original contractors, owners, or owner-builders are required to file a notice of commencement on the State Construction Registry for all public projects within 15 days of physical construction work at a government project site or the provisions of the preliminary notice statute do not apply.  These commencements will be assigned a project number.  A notice of commencement isn’t required for private residential or commercial projects.

Notice of Preconstruction Service:

FOR ALL PRIVATE PROJECTS COMMENCING ON/AFTER MAY 10, 2011:

For parties providing preconstruction services to a project (such as architects and engineers), to claim a preconstruction service lien you must file a notice of preconstruction service with the State Construction Registry within 20 days of commencing your own work.  If you fail to file your notice of preconstruction services, you will lose your right to file a preconstruction service lien.

Preliminary Notice:

 FOR ALL STATE AND LOCAL PUBLIC PROJECTS WITH A NOTICE OF COMMENCEMENT ISSUED ON OR AFTER AUGUST 1, 2011:

 A preliminary notice must be given through the State Construction Registry located at http://scr.utah.gov/ within 20 days from your first date of work.  Preliminary notices are required for any contractor, subcontractor or material supplier that does not have a direct contract with an owner.  Wasatch Lien Service provides this service for our customers.  Anyone required to file a preliminary notice and fails to do so is barred from making a claim against a bond, unless there is not a valid notice of commencement on the project.

FOR PRIVATE PROJECTS COMMENCING ON/AFTER AUGUST 1, 2011:

A preliminary notice must be given through the State Construction Registry within 20 days from your first day of work.  Preliminary notices are required for all contractors working on a project, including parties who contract with owners.  If you fail to file a preliminary notice, you are barred from filing a mechanic’s lien.  Further, notices of commencement will no longer will be required for private projects.

Liens:

 PRECONSTRUCTION SERVICE LIENS FOR PROJECTS COMMENCING ON/AFTER MAY 10, 2011:

You must file your preconstruction service lien within 90 days from completing a preconstruction service.  Commencement of the foreclosure of a preconstruction service lien must take place within 180 days from the date of recording.  A preconstruction service lien expires after 180 days from the date of recording.  A preconstruction service lien may not be re-filed or extended. 

MECHANIC’S LIENS/CONSTRUCTION SERVICE LIENS FOR PROJECTS COMMENCING ON/AFTER AUGUST 1, 2011:

A mechanic’s lien/construction service lien must be filed within 180 days from the final completion of an original contract under which a lien is claimed (residential and commercial).  If a notice of completion is filed, a mechanic’s lien/construction service lien must be filed within 90 days of the filing of the notice of completion.  If in doubt as to the date to file a lien, please call for further clarification.

Commencement of the foreclosure of a mechanic’s lien/construction service lien must take place within 180 days from the date of recording.  A mechanic’s lien/construction service lien expires after 180 days from the date of recording.  A mechanic’s lien/construction service lien may not be re-filed or extended.