Utah Construction or Mechanics Lien Questionnaire

State:
Multi-State
Control #:
US-Q1008
Format:
Word; 
Rich Text
Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a construction lien/mechanics lien matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorneys case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new clients needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

Preliminary notice. 38-1a-501. Preliminary notice. A person who desires to claim a construction lien on real property shall file a preliminary notice with the registry no later than 20 days after the day on which the person commences providing construction work on the real property.

PREPARING THE UTAH MECHANICS LIEN Every mechanics lien typically must contain the owner's name, a general description of the property and location, the name of the hiring party, the first and last date of work a description of the work performed, and the amount of money owed.

Contractors as well as subcontractors, sub-subcontractors, and suppliers including architects and engineers may file a Utah construction lien.

Utah mechanics lien law statutes provide broad mechanics' lien rights to contractors, subcontractors, and all persons performing any services or furnishing or renting any materials or equipment, including licensed architects and engineers who have rendered professional services on a project.

If someone believes a wrongful lien has been placed on their real property, they can ask the court for an injunction to remove or "nullify" the lien by filing a petition.

About Utah Notice of Intent to Lien Form No one wants to be forced to file a mechanics lien, and this document gives all of the parties involved one final chance to take care of the payment issues on a project. This form advises the party that a lien will be filed if payment is not received within 10 days.

File A Lien In addition to initiating the action to enforce the lien claim, the lien claimant must also record a lis pendens with the county recorder in the county where the lien was recorded. Preliminary notice must be filed within 20 days from commencement of work or delivery of materials.

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Utah Construction or Mechanics Lien Questionnaire