Learning Center

The Construction Service Lien is the document recorded with the county recorder to give notice to the property owner that a lien for construction services has been filed against their property.

Any person who furnishes Construction Services. Construction Services means:

to provide labor, material, or equipment for the purpose and during the process of constructing, altering, or repairing an improvement; and includes the

• scheduling,
• estimating,
• staking,
• supervising,
• managing,
• materials testing,
• inspection,
• observation, and
• quality control or assurance involved in constructing, altering, or repairing an improvement.

The Construction Service Lien must include the following information:

1. The name, address, and phone number of the lien claimant;
2. The name of the debtor,
   1. i.e. the person who purchased the claimant's labor or material;
3. The name of the reputed owner;
4. Then name of the record owner;
5. The amount of the claim;
6. A description of the property;
7. Lien Recovery fund language;
8. An acknowledgement¹⁵.

_{15   UTAH CODE ANN. § 38-1-7(2)(a-h)}

The lien must be recorded within one hundred and eighty (180) days after final completion of the original contract (certificate of occupancy)¹⁶,

Figure 8 Lien Recording Deadline

Unless a Notice of Completion is filed in the State Construction Registry. If a Notice of Completion is filed, the lien is due within ninety (90) days after a Notice of Completion is filed¹⁷.

Figure 9 Lien Recording Deadline where Notice of Completion has been filed

_{16   UTAH CODE ANN. § 38-1-7(1)(a)}

_{17   UTAH CODE ANN. § 38-1-33(3)(a)}

The lien must be recorded in the office of the country recorder in the county where the property is located¹⁸.

_{18   UTAH CODE ANN. § 38-1-7(1)(a)}

Yes. A copy of the lien must be sent to the record owner within thirty (30) days after it is recorded¹⁹.

Figure 10 Deadline for sending owner copy of Construction Service Lien

Where

The Construction Service Lien is properly sent if is mailed to the address where tax notices for the liened property are sent²⁰.

How

The Construction Service Lien must be sent by certified mail, postage prepaid²¹.

_{19   UTAH CODE ANN. § 38-1-7(3)(a)}

_{20   UTAH CODE ANN. § 38-1-7(3)(b)}

_{21   UTAH CODE ANN. § 38-1-7(3)(a)}

Yes, if the parcels are commonly owned and if the lien states the amount owed for each parcel²².

_{22   UTAH CODE ANN. § 38-1-8}

Yes²³.

_{23   UTAH CODE ANN. § 38-1-17 & 18}

Yes, within one hundred and eighty (180) days after the lien is recorded, the lien must be enforced by filing a lawsuit foreclosing the lien²⁴.

Figure 11 Lien Foreclosure Deadline

_{24   UTAH CODE ANN. § 38-1-11(1)}

Yes. If you record a lien and are later paid, any person with an interest in the property you liened can ask that the lien be released and if you do not do so within ten (10) days, you are liable for a penalty $100.00 per day or actual damages, which ever is greater.