Notice of Mechanic Lien — Dual Filing Deadline (§38-1-7)
Under Utah law, all claimants must record a Notice of Mechanic Lien within the earlier of: (1) 90 days after a Notice of Completion is filed, or (2) 180 days from 'final completion' of the original contract as defined by §38-1-7 if no Notice of Completion is filed.
The dual deadline system means claimants must monitor whether a Notice of Completion has been filed. If one is filed, the 90-day clock begins running immediately and may be significantly shorter than the 180-day window from final completion.
Residential Property Restrictions
Utah severely restricts the ability of subcontractors and suppliers to file mechanic's liens against single-family or duplex residential property. Instead of filing a mechanic lien, subcontractors and suppliers on these residential projects must pursue their unpaid claims through the Mechanic Lien Recovery Fund under §38-11-20 et seq.
This significant restriction means that subcontractors on residential projects should consult with legal counsel early in the process to understand their rights and the procedures for accessing the Mechanic Lien Recovery Fund.
Notice of Completion as Filing Trigger
The filing of a Notice of Completion by the owner or contractor triggers the shorter 90-day filing deadline. Subcontractors who filed a Preliminary Notice should monitor for this filing, as it can significantly shorten the available time to record a Notice of Mechanic Lien.
If a Notice of Intent to file a Notice of Completion is filed, subcontractors must also file an amendment to their Preliminary Notice stating the amount still owed.
Filing Requirements
The Notice of Mechanic Lien must be recorded in the county where the property is located. It must include the amount claimed, a description of the property, the name of the owner, and details of the labor or materials furnished. Proper compliance with all preliminary notice requirements is a prerequisite to a valid mechanic lien.
Frequently Asked Questions
What is the deadline to file a mechanic lien in Utah?
Record a Notice of Mechanic Lien within 90 days of filing 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.
Can I file a mechanic lien on a single-family home in Utah?
Subcontractors and suppliers generally cannot file mechanic's liens on single-family or duplex residential property in Utah. They must instead pursue claims through the Mechanic Lien Recovery Fund under §38-11-20 et seq.
What is the Notice of Completion in Utah?
The Notice of Completion triggers the shorter 90-day mechanic lien filing deadline. When filed, subcontractors must also amend their Preliminary Notice to state the current amount owed and remaining work.
Is the 180-day deadline always available in Utah?
Only if no Notice of Completion is filed. If a Notice of Completion is filed, the 90-day deadline from that filing controls and may be significantly shorter. The earlier of the two deadlines always applies.
What is the Utah Mechanic Lien Recovery Fund?
The Mechanic Lien Recovery Fund is a state-administered fund that provides a remedy for subcontractors and suppliers who cannot file mechanic liens on single-family or duplex residential property. Claims are pursued through the Fund instead of against the property.
Related Utah Resources
Explore other 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 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
Utah Overview
Return to the main Utah construction mechanic lien law page