Utah Mechanic Lien Law: Complete Guide
Your Complete Guide to Mechanic Lien Rights Under Utah Code §38-1a-101 et seq. — Private Works, Payment Bonds, Mechanic Lien Recovery Fund & Public Projects
Utah mechanic lien deadline table with toggles for project type and claimant type.
Utah Preliminary Notice & Mechanic Lien Deadlines
Select your project type and role to see the deadlines that apply to you.
Prime Contractor — In privity with the property owner
Record the Notice of Construction Lien with the county recorder within 180 days after completion of the original contract, OR within 90 days after a Notice of Completion is filed with the SCR, whichever is earlier. Serve a copy on the owner within 30 days of recording.
Commence an action to enforce the lien within 180 days after recording the Notice of Construction Lien.
Preliminary Notice
Mechanic Lien
Record the Notice of Construction Lien with the county recorder within 180 days after completion of the original contract, OR within 90 days after a Notice of Completion is filed with the SCR, whichever is earlier. Serve a copy on the owner within 30 days of recording.
Enforcement
Commence an action to enforce the lien within 180 days after recording the Notice of Construction Lien.
Utah Mechanic Lien Law Overview
Utah construction mechanic lien rights are governed by Utah Code §38-1a-101 et seq. and §38-11-20 et seq. This statutory framework provides Mechanic's Lien rights to contractors, subcontractors, and material suppliers who furnish labor or materials for the improvement of real property in the State of Utah.
Utah requires contractors to file a Notice of Commencement within 15 days of the issuance of the building permit (or within 15 days of beginning work if no permit is issued). Subcontractors and material suppliers must file a Preliminary Notice to the original contractor within 20 days of first performance or within 20 days of the Notice of Subcontract.
All claimants must record a Notice of Mechanic Lien within 90 days of filing a Notice of Completion, or within 180 days from 'final completion' of the original contract if no Notice of Completion is filed (whichever is earlier). Utah severely restricts mechanic lien rights on single-family and duplex residential property — subcontractors and suppliers on such projects must pursue claims through the Mechanic Lien Recovery Fund instead.
Utah requires 100% payment bonds on all commercial projects over $50,000 under §14-2-1 and on public works under §14-1-1. National Lien & Bond provides authoritative guidance on every aspect of Utah construction mechanic lien compliance.
Topics on This Page
Utah Mechanic Lien Law: Key Topics
Navigate the critical compliance areas for Utah construction mechanic lien law.
Notice Requirements
Notice of Commencement within 15 days, Preliminary Notice within 20 days, signed invoice 15 days before mechanic lien, and second-tier bond notice
Mechanic Lien Deadlines
Notice of Mechanic Lien within 90 days of Notice of Completion or 180 days from final completion, residential restrictions, and Mechanic Lien Recovery Fund
Mechanic Lien Enforcement Deadlines
180-day suit deadline, payment bond suits between 90 days and 1 year, public works enforcement, and owner liability for failure to require bonds
Frequently Asked Questions
What statute governs mechanic liens in Utah?
Mechanic's liens are governed by Utah Code §38-1a-101 et seq. and §38-11-20 et seq. Private commercial bonds are governed by §14-2-1 et seq. and public works bonds by §14-1-1 et seq.
Is a preliminary notice required to file a mechanic lien in Utah?
Yes. Contractors must file a Notice of Commencement within 15 days of the building permit. Subcontractors must file a Preliminary Notice within 20 days of first performance. A signed invoice must be provided 15 days before recording the mechanic lien.
What is the deadline to file a mechanic lien in Utah?
Record a Notice of Mechanic Lien within 90 days of a Notice of Completion or within 180 days from final completion if no Notice of Completion is filed, whichever is earlier. §38-1-7.
How does Utah mechanic lien law differ from other states?
Utah has several unique features: an electronic database system, the Mechanic Lien Recovery Fund for residential projects (subcontractors cannot mechanic lien single-family/duplex property), mandatory 100% bonds on commercial projects over $50,000, Notice of Commencement filing, and owner liability for failure to require bonds.
What are the notice requirements for Utah public works bond claims?
First-tier subcontractors need no preliminary notice. Second-tier claimants must file Preliminary Notice to the bond principal within 20 days of first performance. If no bond was required, notice within 90 days of final furnishing preserves the right to sue the owner.
What is the deadline to file suit to enforce a Utah construction mechanic lien?
Suit must be filed within 180 days after recording the Notice of Mechanic Lien. For bond claims (private and public), suit must be filed between 90 days and 1 year after last performance by the claimant.