Liens

Does Amending a Recorded Notice of Lien Reset the Deadline to Foreclose on a Construction Lien in Utah?

Joseph G. Ballstaedt801.365.1021joe@snjlegal.com To preserve a lien claim, a lien claimant must, among other things, record a notice of construction lien with the county recorder’s office, and within 180 days thereafter, initiate a lawsuit to foreclose on that lien. But what happens if, within that 180-day period, the lien claimant files an amended notice of …

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Utah Construction Liens: An Overview of the Five Basic Steps

Joseph G. Ballstaedt801.365.1021joe@snjlegal.com In Utah, a construction lien is a valuable tool for any contractor, subcontractor, or supplier who does not receive payment for work it performs on a construction project. If the party who contracted for the work refuses or is unable to pay, the construction lien provides a second route to payment. It …

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The Final Steps of a Lien Claim: Winning the Lawsuit, Selling the Property, and Dividing up Proceeds

Joseph G. Ballstaedt801.365.1021joe@snjlegal.com In prior articles, I explained four general steps to preserving and enforcing a construction lien (also known as a mechanic’s lien) in Utah. These steps include: 1) filing a preliminary notice; 2) recording a notice of construction lien; 3) filing a lawsuit and recording a lis pendens; and 4) prevailing in that lien foreclosure lawsuit. The …

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Construction Liens: A Basic Comparison Between Utah and Idaho Law

Joseph G. Ballstaedt801.365.1021joe@snjlegal.com Many contractors, subcontractors, suppliers, and other parties in the construction industry conduct business in both Utah and Idaho. To preserve and enforce their construction lien rights, these entities must be aware of and adhere to the different laws that govern Utah and Idaho (in addition to any other states where they may …

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Enforcing Lien Rights in Utah Through a Construction Lien Foreclosure Lawsuit

Joseph G. Ballstaedt801.365.1021joe@snjlegal.com As I have explained earlier, liens are automatically created when a worker, contractor, subcontractor, supplier, or other person or entity provides construction services on real property. Although nothing more is required to create this lien, the lien claimant quickly loses the lien forever if he doesn’t take certain steps to preserve the lien, including the …

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Preserving Lien Rights in Utah Through the Notice of Construction Lien

Joseph G. Ballstaedt801.365.1021joe@snjlegal.com Liens are automatically created when a person provides construction services on a piece of real property. The lien is an encumbrance that attaches to the owner’s interest in the property, and all that the lien claimant needs to do to create the lien is provide the construction services. Nothing more is required. However, this …

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The Preliminary Notice: The First Step in Preserving Lien Rights in Utah

A construction lien—sometimes called a mechanic’s lien—is automatically created when a worker, contractor, subcontractor, supplier, or other entity in Utah provides work, services, or improvements on or for a specific piece of real property. (For simplicity in this post, we’ll refer to this as “construction work.”) A lien attaches to the property itself—specifically, the owner’s interest in …

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Not All Unenforceable Construction Lien Claims in Utah Are Wrongful Liens

Joseph G. Ballstaedt801.365.1021joe@snjlegal.com A lien on real property (i.e. land and buildings) is a claim against this property for the payment of money. A notice of lien is generally a document that is recorded with a county recorder’s office in Utah that gives notice to the public that this piece of property is encumbered or potentially liable …

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Lien Enforcement in Utah: Put It in a Self-Storage Unit and Consider It “Liened”

Joseph G. Ballstaedt801.365.1021joe@snjlegal.com In Utah, the owner of a self-storage unit can sell a tenant’s property that is stored there to pay outstanding rent or other amounts owed by the tenant. Below is a more detailed explanation of how this process works. A Lien on the Stored Property Self-storage units are used to store personal …

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Remodeling Your Home? Legal Tips From a Construction Lawyer

We’ve all heard the horror stories about home remodels gone wrong: contractors who disappear with the check, or the ones who stick around only to leave the house a wreck. Fortunately, you’re not completely helpless when it comes to preventing catastrophes like these. The following are four basic tips for ensuring a smooth process. Make …

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