Sunday, January 6, 2008

Preparing the Notice of Claim of Mechanic’s Lien in Utah

An essential part of exercising your mechanic’s lien rights in Utah is the preparation and recording of the notice of claim of mechanic’s lien. Utah’s Mechanic’s Lien Act provides the specific content that must be included in a notice of claim of lien (see Utah Code § 33-1-7(2)). It requires that the notice include:

1) The name of the reputed owner of the property being liened if known or, if not known, the name of the record owner;
2) The name of the person by whom the person claiming the lien was employed or to whom the person claiming the lien furnished the equipment or material;
3) The time when the first labor or service was performed or the first equipment or material was furnished;
4) The time when the last labor or service was performed or the last equipment or material was furnished;
5) A description of the property sufficient for identification (typically something more than the serial number);
6) The name, current address, and current phone number of the person claiming the mechanic’s lien;
7) The amount of the lien claim;
8) The signature of the person claiming the lien or the person’s authorized agent; and
9) A statement describing what steps an owner of an owner-occupied residence may take to require the person claiming the lien to remove the lien.

Additionally, the notice of claim of lien will need to be notarized so it can be recorded with the county recorder. While Utah Mechanic’s Lien Act only requires substantial compliance with the above requirements, the notice of claim of lien will need to include all of the above requirements otherwise a court may refuse to enforce the mechanic’s lien.

Finally, the notice of claim of lien should be delivered or mailed by certified mail to the reputed owner or the record owner of the subject property. If you fail to mail or deliver the notice of claim of lien, then you are precluded from recovering your costs and attorney’s fees in an action to enforce the lien.

As with the deadlines in Utah’s Mechanic’s Lien Act, it is important to review the statute prior to preparing a notice of claim of lien because these requirements may change.

No comments: