Utah Construction Lien Guide
Utah mechanics lien law is governed by Utah Code § 38-1a-101 et seq.
If you provide labor, materials, equipment, or professional services that improve real property in Utah and are not paid, this guide explains how to protect your lien rights. Utah is unique because lien rights are tied to filing notices in the Utah State Construction Registry (SCR).
Keep in mind that Utah Mechanics Lien, Construction Lien and Claim of Lien can be used interchangeably.
LET’S LEARN THE BASICS OF UTAH CONSTRUCTION LIENS
⭐ Who Can File a Mechanics Lien in Utah?
Utah grants mechanics lien rights to:
General contractors
Subcontractors
Sub-subcontractors
Material suppliers
Equipment rental companies
Laborers
Licensed architects, engineers, and design professionals
However, most claimants must first file a preliminary notice in the State Construction Registry to preserve lien rights.
⭐ Utah Lien Deadlines (Critical)
LIEN IT OR LOSE IT! Utah construction lien deadlines cannot be extended.
Missing a deadline = losing your construction lien rights.
In Utah, lien rights depend on timing at every stage: file your SCR notice within 20 days of starting work, record your lien within 90 days of finishing work, and enforce it within 180 days of recording—or the lien will fail.
Deadline #1: File Preliminary Notice (if applicable)
Most lien claimants in Utah must file a Preliminary Notice in the Utah State Construction Registry (SCR):
Within twenty (20) days after first furnishing labor, materials, or services.
Deadline #2: File the Utah Mechanics Lien
After work is completed and payment is not received, the claimant may file a Utah mechanics lien:
Within ninety (90) days after the claimant last furnished labor, materials, or services.
This deadline is strict. The lien must be recorded with the County Recorder in the county where the property is located. Filing even one day late results in a void lien, regardless of the amount owed.
The last furnishing date should reflect the final, substantive work performed under the contract. Minor punch-list items or warranty work generally do not extendthe filing deadline.
Deadline #3 — Enforce the Utah Mechanics Lien
Recording the lien preserves a claim against the property, but it is temporary. To keep the lien alive, the claimant must enforce it by filing a lawsuit:
Within one hundred eighty (180) days after the lien is recorded.
Enforcement requires filing a foreclosure action in court. Negotiations, demand letters, or insurance discussions do not extend this deadline. If enforcement is not timely filed, the lien automatically expires and cannot be revived.
BEFORE YOU CAN FILE A UTAH CONSTRUCTION LIEN, YOU MUST UNDERSTAND WHETHER A PRELIMINARY NOTICE IS REQUIRED. THIS NOTICE PROTECTS YOUR LIEN RIGHTS AND IS MANDATORY FOR MOST SUBCONTRACTORS AND SUPPLIERS.
⭐ Utah Preliminary Notice
Utah does not use a traditional mailed preliminary notice. Instead, it requires an electronic Preliminary Noticefiled with the Utah State Construction Registry (SCR).
The Utah State Construction Registry notice puts the owner and lender on notice of your involvement, preserves your lien rights, and establishes priority. Because the notice is mandatory for most claimants, failing to file it is one of the most common, and most costly, mistakes contractors make in Utah.
Who Must Send a Utah Preliminary Notice?
Subcontractors
Sub-subcontractors
Material suppliers
Equipment suppliers
Design professionals
Who Does NOT Need a Utah Preliminary Notice?
General contractors only if they contract directly with the property owner and file the Notice of Commencement
Wage laborers
What is Utah Preliminary Notice Deadline?
The Preliminary Notice must be filed:
Within 20 days after first furnishing labor, materials, or services
If the notice is filed late, lien rights are limited to work performed 20 days prior to filing and forward.