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A mechanic's lien is a legal document used by contractors, subcontractors, and suppliers to secure payment for work completed on a construction project. Filing a mechanic's lien essentially states that:
- You're owed money for services provided
- You're expecting payment by a specific date
- You'll proceed with litigation if you don't receive payment by that date
While a lien is in place, it restricts the owner from selling, refinancing, or transferring the property without paying you. That pressure makes liens one of the most powerful payment tools available—especially for subcontractors and suppliers.
Mechanic's lien laws vary significantly by state, with different rules on who can lien, what notices are required, and when liens must be filed and enforced. This guide walks through the essentials of Utah's lien rights so you can better protect your right to be paid.
Required to file within 20 days of first furnishing of labor or materials
Required to file within 20 days of first furnishing of labor or materials
Required to file within 20 days of first furnishing of labor or materials
Not required
Not required
Not required
For standard construction liens: Within 180 days after final completion of the original contract, or within 90 days after a Notice of Completion is filed by the owner (but never later than 180 days)
For preconstruction liens: Within 90 days after completion of preconstruction services
For standard construction liens: Within 180 days after final completion of the original contract, or within 90 days after a Notice of Completion is filed by the owner (but never later than 180 days)
For preconstruction liens: Within 90 days after completion of preconstruction services
For standard construction liens: Within 180 days after final completion of the original contract, or within 90 days after a Notice of Completion is filed by the owner (but never later than 180 days)
For preconstruction liens: Within 90 days after completion of preconstruction services
Must file a foreclosure lawsuit and a lis pendens within 180 days after recording the lien
Must file a foreclosure lawsuit and a lis pendens within 180 days after recording the lien
Must file a foreclosure lawsuit and a lis pendens within 180 days after recording the lien
Reasonable value of construction work provided
Reasonable value of construction work provided
Reasonable value of construction labor provided
Utah's Construction Lien Act (Utah Code Title 38, Chapter 1a) governs mechanic's lien rights for private construction work. Public projects are not subject to mechanic's liens in Utah; instead, claims must be made against payment bonds.
Utah's lien law distinguishes between two types of liens:
- Preconstruction liens cover design, engineering, and planning services furnished before construction begins.
- Construction liens cover labor, materials, equipment, and related services furnished during the build.
Each type follows different notice and filing rules, and protecting one does not protect the other.
In Utah, mechanic’s lien rights generally extend to parties who provide construction work (labor, services, materials, or equipment) or preconstruction services (design and planning-type services) for an improvement on private property.
This typically includes:
- General (original) contractors
- Subcontractors of any tier
- Material suppliers and equipment providers
- Laborers and tradespeople
- Supervisory subcontractors
- Design (architects, engineers, surveyors) and preconstruction professionals
Utah lien rights generally cover work that contributes to an “improvement” of real property or a structure affixed to real property. This can include repairs, modifications, and alterations (Utah Code § 38-1a-102(21)).
Here are some examples of what’s lienable and what isn’t.
Lienable Work in Utah
- On-site labor and trade work
- Materials furnished for the improvement
- Equipment provided for use in the construction process
- Construction-related services like scheduling, estimating, staking, supervising, managing, testing, inspection/observation, and quality control
- Preconstruction services like planning/design, feasibility reviews, surveys, reports, drawings, specifications, and similar work
- Site preparation, grading, and related work tied to construction
Non-Lienable Work in Utah
- Work on public projects
- Work performed without owner or authorized contractor approval
- Purely administrative or off-site services
- Warranty, repair work, or maintenance work that doesn’t qualify as “substantial work”
- Materials not actually used in the improvement
As mentioned, Utah has two different lien instruments:
- Notice of Preconstruction Lien: deadline is triggered by the completion of preconstruction services (Utah Code § 38-1a-402)
- Notice of Construction Lien: deadline is triggered by completing the contract or a Notice of Completion (Utah Code § 38-1a-502)
Filing a Preconstruction Lien
Per Utah Code § 38-1a-401(1)(a), lien claimants must submit a preliminary notice (Notice of Preconstruction Service) no later than 20 days after their preconstruction services commence.
Deadline to File
All claimants must record a Notice of Preconstruction Lien within 90 days after completing the preconstruction service for which the payment is due.
Under Utah Code § 38-1a-404, “preconstruction service” is considered complete when construction work for the project (or phase or bid package) begins.
Filing Requirements
- Where to file: Record the Notice of Preconstruction Lien with the county recorder in the county where the project property is located.
- Form requirements: A Notice of Preconstruction Lien must include the following:
- Claimant name and contact information
- Statement claiming a preconstruction lien
- Date the Notice of Preconstruction Service was filed
- Hiring party’s name
- Description of preconstruction services provided
- Last date services were provided
- Owner name (recorded or reputed)
- Property description sufficient for identification
- Principal amount claimed (excluding interest, costs, and attorney fees)
- Required acknowledgment for recorded documents
- Required owner-occupied residence statement, if applicable
- Verification: Form must be signed and notarized.
- Filing fee: County recording fees apply, but aren’t specified by statute.
Service Requirements
Within 30 days of recording, a copy of the Notice of Preconstruction Lien must be sent to the owner by certified mail. Failure to do so bars recovery of costs and attorney fees against the owner in an enforcement action (Utah Code § 38-1a-402(5)).
Filing a Construction Lien
Per Utah Code § 38-1a-501, lien claimants must submit a preliminary notice with the State Construction Registry within 20 days of first starting work to preserve full lien rights.
Deadline to File
- If no Notice of Completion is filed: Within 180 days after final completion of the original contract (“final completion” defined under Utah Code § 38-1a-102(17)).
- If a Notice of Completion is filed: Within 90 days after the Notice of Completion was filed, but no later than 180 days after final completion of the original contract (Utah Code § 38-1a-502(1)(a)(ii); § 38-1a-507).
Filing Requirements
- Where to file: Record the Notice of Construction Lien with the county recorder in the county where the project property is located.
- Form requirements: A Notice of Construction Lien must include the following:
- Owner name
- Hiring party name
- First and last furnishing dates
- Property description sufficient for identification
- Claimant name and contact information
- Amount claimed
- Required acknowledgment for recorded documents
- Required owner-occupied residence statement, if applicable
- Verification: Form must be signed and notarized.
- Filing fee: County recording fees apply, but aren’t specified by statute.
Service Requirements
Within 30 days of recording, a copy of the Notice of Construction Lien must be sent to the owner by certified mail. Failure to do so bars recovery of costs and attorney fees against the owner in an enforcement action (Utah Code § 38-1a-502(4)(c)).
Recording a lien doesn't get you paid; it merely preserves your right to payment. In Utah, you have to enforce the lien in court to collect on it. The good news: the same enforcement rules, deadlines, and procedures apply to both preconstruction and construction liens.
Enforcement Requirements
- Enforcement deadline: A lien foreclosure lawsuit must be filed within 180 days following the lien recording date. If the property owner files for bankruptcy before that 180-day window expires, the enforcement deadline is extended to 90 days after the bankruptcy stay is lifted or ends.
- Additional filing: A Notice of Pendency of Action must be recorded within the same 180-day enforcement period (Utah Code § 38-1a-701(3)).
- Filing location: The action is filed in a court with jurisdiction over the property.
- Lien priority: Utah liens are typically on equal footing with other liens of the same type. If the property is sold through foreclosure, proceeds are distributed in this order:
- Laborers
- Other subcontractors and suppliers
- Original contractors
Lien Release Requirements
Once the lien is paid, the claimant must record a lien cancellation within 10 days after a written request. Failure to do so can result in statutory penalties listed under Utah Code § 38-1a-803.
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Utah’s mechanic’s lien statutes do not clearly state that a contractor must be licensed to file a lien. However, licensing issues can still affect enforceability and payment rights under other Utah laws. If licensing is a concern on your project, it’s best to speak with a Utah construction attorney before relying on a lien.
Yes. Utah lien rights are not limited to parties who contract directly with the property owner. Subcontractors, suppliers, laborers, and other lower-tier parties can file liens so long as they meet the notice and filing requirements.
Yes, the filing window, specifically. Property owners and other parties can file a Notice of Completion, which can shorten the deadline to record a lien from 180 days to 90 days (Utah Code §§ 38-1a-502(1)(a)(ii), § 38-1a-507).
A Notice of Completion can be filed without direct notice to every subcontractor or supplier, so tracking these registry filings are super critical on Utah jobs.
Yes. To preserve construction lien rights on a private project in Utah, a claimant must file a preliminary notice in the State Construction Registry within 20 days after starting construction work on the property (Utah Code § 38-1a-501(1)(a)).
Filing late doesn’t automatically kill your lien rights, but it does limit them:
- If no Notice of Completion has been filed: You can still file a late preliminary notice, but you'll only have lien rights for work performed starting five days after filing that notice. Everything before that window is lost (Utah Code § 38-1a-501(1)(c)(ii)).
- If a Notice of Completion has been filed: A preliminary notice filed more than 10 days after the Notice of Completion has no effect. Your lien rights are gone (Utah Code § 38-1a-501(1)(d)).
Yes. Utah has statutory lien waiver forms, and lien waivers are generally only enforceable if they follow the required format and you actually receive payment. Brush up on all of Utah’s lien waiver requirements here.
You can lien for the reasonable value of the labor, materials, equipment, or services you provided to the project or during preconstruction.
You typically can’t include amounts for:
- Work not actually performed
- Disputed back charges you don’t owe
- Delay damages or consequential damages
- Work not yet performed
- Interest, attorney fees, or collection costs
Know that Utah takes overstated liens seriously. Intentionally recording a lien for more than what is actually owed—especially on residential projects—can expose a claimant to significant civil penalties and even criminal liability (Utah Code § 38-1a-308).
No. Utah law does not require a written contract to file a mechanic’s lien. Lien rights are based on providing qualifying work or services to the project and following the required notice and filing steps. That said, written contracts make it much easier to prove what you’re owed if a lien is challenged.
Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Always consult with a qualified construction attorney in your state regarding specific legal matters before taking any action that could affect your lien rights.