Construction Law Articles

The New Priority Rules

For a long time, priority of a mechanic’s lien was determined by the date first visible onsite improvements were made by someone working on the construction project. If this work commenced prior to other encumbrances on the property, such as …

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Utah’s State Construction Registry: Protect Your Lien Rights

If you are a business or individual that provides construction services or materials to real property in Utah, you need to become acquainted with Utah’s State Construction Registry or “SCR.” The SCR is a place where information regarding construction projects in the …

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In Order to Lien You Have to Do More than Clean

The Utah Court of Appeals recently issued a decision regarding what constitutes lienable work for purposes of Utah’s mechanic’s lien statute. The case is All Clean, Inc. dba The Flood Co., v. Timberline Properties, 2011 UT App. 370 and the issue …

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What is a Mechanic’s Liens and How Does It Work?

If you have provided construction services or materials to a property, and have not been paid, you are likely entitled to a mechanic’s lien against that property. A mechanic’s lien, like a deed of trust or mortgage, can be foreclosed …

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Selling Construction Materials to Unlicensed Contractors

It is not required by law that a construction material supplier verify whether the individual/entity that materials are being sold to is licensed. However, there are a few risks to keep in mind when making the decision either to sale …

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Utah Residence Lien Recovery Fund

The Lien Recovery Fund is a great source of payment for subcontractors and suppliers of construction materials on residential property. It is also a great source for homeowners that are forced to deal with mechanic’s liens. Construction Material Supplier or …

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Deadlines for Construction Contract and Warranty Claims

QUICK LOOK Breach of Contract/Warranty – action must be brought within 6 years of completion or abandonment of construction, unless contract provides for a different period of time. All other Actions – within 2 years of discovering the cause of …

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