Real Estate Law Articles
Preliminary Notices – What you Absolutely Need to Include
Under Utah’s new mechanic’s lien laws, all parties on private projects are required to file a preliminary notice with the State Construction Registry in order to preserve their lien rights. This preliminary notice must be …
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 …
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 …
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 …
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 …
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 …
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 …
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 …