Mechanics liens

Utah mechanics lien law and deadlines

Utah runs liens through an online registry. File a preliminary notice within 20 days of starting work, record your notice of lien with the county recorder within 90 days after a notice of completion (or 180 days after final completion if none is filed), and sue within 180 days after recording.

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Utah's mechanics lien law is Title 38, Chapter 1a of the Utah Code, and it is built around the State Construction Registry, an online database where notices are filed. The order is fixed: a preliminary notice in the registry no later than 20 days after you start work (§ 38-1a-501), then a notice of construction lien recorded with the county recorder within 90 days after a notice of completion is filed, or 180 days after final completion if no notice of completion is filed (§ 38-1a-502), then a lawsuit within 180 days after recording (§ 38-1a-701). Skip the preliminary notice and you cannot claim a construction lien at all.

Utah lien deadlines at a glance (Utah Code Title 38, Chapter 1a)
StepDeadline or ruleSection
Preliminary notice (construction work)File with the registry no later than 20 days after starting work§ 38-1a-501
Preconstruction service notice (design and planning work)File with the registry no later than 20 days after starting the service§ 38-1a-401
Notice of construction lien90 days after a notice of completion is filed, but no later than 180 days after final completion; 180 days after final completion if none is filed§ 38-1a-502
Copy to ownerWithin 30 days after filing, by delivery or certified mail§ 38-1a-502
Suit to enforce and lis pendensWithin 180 days after filing the notice of lien§ 38-1a-701
Subs on a residence with a general contract of $5,000 or lessNo lien§ 38-11-107

Who has lien rights in Utah

Section 38-1a-301 gives a lien to any person who provides preconstruction service or construction work on or for a project property, for the reasonable value of that service or work. Contractors, subcontractors, and suppliers claim construction liens. Preconstruction service (the planning and design work before construction starts) gets its own preconstruction lien with its own registry notice under § 38-1a-401 and its own 90-day recording deadline after the service is completed (§ 38-1a-402). One claimant can hold both kinds of lien on the same property, and a construction lien can include preconstruction amounts, but not the other way around.

The 20-day preliminary notice

Utah's preliminary notice is not mailed to the owner. It is filed in the registry. Generally one notice per project is enough, but you need a separate notice for each original contract you work under. A sub that links its notice to the original contractor's notice in the registry is treated as having substantially complied.

Late is better than never, with limits. A notice filed after 20 days still works, but you cannot claim a lien for work done before five days after the late notice is filed. And any preliminary notice filed more than 10 days after a notice of completion has no effect. Example: a drywall sub starts on a Provo townhome project on March 3 and forgets the notice until April 20. Work done before April 25 is not lienable, and if the owner had filed a notice of completion on April 5, the April 20 notice would be worthless.

Recording the lien and filing suit

Record the notice of construction lien with each applicable county recorder. A sub that does substantial work after a certificate of occupancy or final inspection has 180 days after finishing its own work. Within 30 days after filing, deliver or mail a copy by certified mail to the owner; if you skip this, you cannot recover costs and attorney fees against the owner in the enforcement case. Liens on an owner-occupied residence must also include a statement telling the owner how to require removal under § 38-11-107.

Within 180 days after recording, file the enforcement action and record a notice of pendency (lis pendens) with the county recorder. Miss the suit deadline and the lien is automatically and immediately void. Miss the lis pendens and it is void except against parties and people with actual knowledge. If the case involves a residence, the complaint must be served with instructions on the owner's rights under Title 38, Chapter 11, or the lien cannot be enforced against the residence (§ 38-1a-701).

Owner-occupied residences

Title 38, Chapter 11 of the Utah Code protects homeowners who pay their contractor. Under § 38-11-107, a claimant who did not contract directly with the owner is barred from liening the owner-occupied residence if the owner meets the conditions in § 38-11-204(4), and a subcontractor cannot lien a residence at all when the general contract is $5,000 or less. If the owner gets a certificate of compliance and mails it by certified mail, the claimant should remove the lien within 15 days to avoid liability for costs and fees. Subs on home jobs should confirm what the owner has paid before relying on a lien.

Lien waivers: statutory forms

Utah prescribes its lien waiver forms in § 38-1a-802. A waiver is enforceable only if the claimant signs a waiver in substantially the statutory form (or a qualifying restrictive endorsement on the check) and receives payment of the amount stated. If the check bounces, the waiver is void. The statute provides:

  • Utah Conditional Waiver and Release Upon Progress Payment
  • Utah Waiver and Release Upon Final Payment
  • A restrictive endorsement for the back of a check, marked as a progress or final payment

A progress waiver covers only the amount actually paid. Under § 38-1a-105, contract clauses that try to waive or limit lien rights are void; the only way to waive is in exchange for payment under § 38-1a-802.

Public projects

Government projects are handled under a separate chapter, Title 38, Chapter 1b, which uses the same registry for notices of commencement, preliminary notices, and notices of completion; unpaid parties look to the contractor's payment bond rather than a lien on public land. On government projects the original contractor or owner files a notice of commencement in the registry within 15 days after physical construction begins, and that notice names the payment bond surety or states that no bond was required (§ 38-1b-201). Check the bid documents and the awarding agency for the bond claim steps. See also Utah prompt payment and Utah contractor licensing.

Frequently asked questions

Does Utah require a preliminary notice?

Yes. Anyone who wants a construction lien must file a preliminary notice with the State Construction Registry no later than 20 days after starting work. Without one, no construction lien can be claimed (§ 38-1a-501).

How long do I have to file a lien in Utah?

Within 90 days after a notice of completion is filed, but not later than 180 days after final completion of the original contract. If no notice of completion is filed, the deadline is 180 days after final completion (§ 38-1a-502).

How long do I have to enforce a Utah lien?

File the lawsuit and record a lis pendens within 180 days after filing the notice of lien. If the owner files bankruptcy first, you have 90 days after the automatic stay lifts or expires (§ 38-1a-701).

Are Utah lien waiver forms mandatory?

A waiver is enforceable only if it is in substantially the form in § 38-1a-802 (or a qualifying restrictive check endorsement) and the claimant actually receives the payment.

Can a subcontractor lien a home in Utah?

Often not. A sub cannot lien a residence if the general contract is $5,000 or less, and lower-tier claimants are barred if the owner-occupant meets the payment conditions in Title 38, Chapter 11 (§ 38-11-107).

Sources

  1. FindLaw: Utah Code § 38-1a-501, Preliminary notice requirement (current as of January 1, 2025)
  2. FindLaw: Utah Code § 38-1a-502, Notice of construction lien (current as of January 1, 2025)
  3. FindLaw: Utah Code § 38-1a-701, Lien enforcement action (current as of January 1, 2025)
  4. FindLaw: Utah Code § 38-1a-802, Lien waiver (current as of January 1, 2025)
  5. FindLaw: Utah Code § 38-1a-301 and § 38-1a-401, Lien rights and preconstruction notice
  6. FindLaw: Utah Code § 38-11-107, Restrictions on liens on owner-occupied residences
  7. FindLaw: Utah Code § 38-1a-402 and § 38-1a-105, Preconstruction lien deadline and waiver limits (current as of January 1, 2025)
  8. FindLaw: Utah Code § 38-1b-201, Notice of commencement on government projects (current as of January 1, 2025)

Laws and rates change. Confirm current requirements with the state agency before you bid, file, or pay. This page is general information, not legal advice.

Written and edited by

Maurice Francois writes and edits construction operations guides for Smart Business Automator. More from Maurice on the Scaling Legends podcast.

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