ContractorHandbook

Utah Construction Lien Deadline Calculator, Including the Late Filing Route Nobody Tells You About

Utah is the only state on this site where being late does not automatically mean being finished. Your preliminary notice is due at the State Construction Registry within twenty days of the day you started. Miss it and section 38-1a-501(1)(c) lets you file anyway, and your lien then covers the work you provided from the fifth day after that filing. You keep a lien and you lose an amount. That single provision is worth more to a late subcontractor than anything else in the chapter, and almost nothing written about Utah liens explains that it exists. The catch is that it is not open forever and it does not close on a date you control: ten days after anybody files a notice of completion, a late preliminary notice has no effect, and section 501(1)(e) then bars the lien outright. From there the page follows the rest of the chain, which has its own traps. Final completion is defined four ways and you control none of them. The ninety day limb after a notice of completion is a cap and never an extension. One hundred and eighty days carries three separate obligations, not one. And on an owner-occupied residence, a subcontractor can be barred from the lien entirely and pushed into the Residence Lien Recovery Fund, which runs on a different clock that starts whether you know about it or not. Put your dates in and the page tells you which one of those is actually your problem today.

the day you startday 20preliminary notice, at the state registrymiss it, and section 501(1)(c) is the only cure in this laneday 5you file lateeverything from here on is still lienablethe recording race, from final completion of the original contractday 90day 180a notice of completion only bites inside herethen section 701, from the day you recordyou recordthree things, not oneday 180file the action, record the lis pendens, serve the chapter 11 formand on an owner-occupied residence the fund runs a race of its own,the earlier of 180 days from your notice of claim and 270 from completionlate costs you the front of the claim, not the claim
Utah is the only state on this site where being late is a haircut rather than an ending, and the second band of this drawing is the reason. Section 38-1a-501(1)(a) gives twenty days from the day you commence work to file a preliminary notice at the State Construction Registry, which is the top band and the only deadline in the chapter measured from a beginning. Miss it and section 501(1)(c) lets you file anyway, and the lien then covers construction work you provide from the fifth day after that filing onward, which is the shaded region. You lose the front of the claim and you keep the rest, so the size of the loss depends on how much work is still ahead of you rather than on how late you are. The cut at the right hand end is section 501(1)(d): a preliminary notice has no effect if it is filed more than ten days after a notice of completion, and section 501(1)(e) then bars the lien outright, so the cure closes on somebody else's paperwork and nobody has to tell you it was filed. The third band is the recording deadline under section 38-1a-502(1)(a), one hundred and eighty days from final completion of the original contract, which section 38-1a-102 defines four ways and none of them is your last day on site. A notice of completion substitutes ninety days from its own filing but not later than that same one hundred and eighty, so it is a cap and never an extension, and the shading marks the only stretch of the race in which it can take anything from you. The fourth band is section 38-1a-701, where one hundred and eighty days from your recording carries three obligations at once: file the action, record a notice of the pendency of the action with each applicable county recorder, and on a residence serve the chapter 11 instructions and form with the complaint. Miss the first and the lien is automatically and immediately void with no subject matter jurisdiction to adjudicate it, miss the second and it is void against everyone who was not a party or did not have actual knowledge, and miss the third and section 701(6)(c) bars you from enforcing it. The last two lines are the Residence Lien Recovery Fund under section 38-11-204(4)(d)(i), which is where a subcontractor barred by section 38-11-107 goes, and its race runs from events that do not wait for him to hear about them. Each band has its own scale, because twenty days and two hundred and seventy days will not share one and stay legible.

Worked example

These are the figures the calculator opens with and the answer it gives. Change anything above and every number below moves with it.

  • What you are on this jobSubcontractor, supplier or equipment lessor
  • Is the property an owner-occupied residenceNo, commercial or not lived in by the owner
  • Owner-occupied only, what the owner didI do not know
  • Your notice in the State Construction RegistryFiled within 20 days of starting
  • If it went in late, days since you filed it30 days
  • Days since YOU started work on this job10 days
  • Final completion of the original contractIt has happened
  • Days since final completion of the original contract60 days
  • Notice of completion in the registryNone filed that I know of
  • Days since that notice of completion was filed20 days
  • Subcontractors, work after the occupancy certificateNo, I was finished before it
  • Days since YOUR own work was finished60 days
  • Your notice of lien at the county recorderNot recorded yet
  • Days since you recorded it10 days
  • Days of slack you want before the deadline7 days

Days left to record the construction lien120 days

You are on the long limb, 180 days from final completion, and that is the most this deadline can ever be. It cannot grow and it can shrink. Section 38-1a-502(1)(a)(ii) cuts you to 90 days from the day anybody files a notice of completion, and section 38-1a-501(1)(d) uses the same filing to shut the late preliminary notice route 10 days later. Neither event sends you a letter. If you are watching one number on this job, watch the registry rather than the calendar.

Three things this page deliberately does not do. It does not decide when your job reached final completion, and section 38-1a-102 gives that term four separate definitions turning on a certificate, an inspection, a judgment about substantial work, or a termination. It does not decide whether the property is an owner-occupied residence within section 38-11-102, which is the fact the whole of chapter 11 turns on. And it does not touch public work, which is a bond rather than a lien. If your question is one of those three, the dates above are the wrong tool.

Your lien right, before any dateyes, a construction liena preliminary notice filed inside the 20 days of section 38-1a-501 covers all your work under that original contract, and 501(1)(f) relates it back to the first preliminary notice filed on the project
Which day the law counts fromfinal completionsection 38-1a-102 gives final completion four definitions and you control none of them: the permanent certificate of occupancy, the local final inspection where no certificate is required, the day no substantial work remains where neither is required and the owner is not holding payment, or the last day substantial work was performed if the contract was terminated early. Check which one your job is on before you trust any number here
Preliminary notice, day 20filed in timefiled inside the 20 days of section 38-1a-501(1)(a), and it covers all your work under that one original contract, including work provided to more than one supervisory subcontractor
Record the notice of lien120 days leftsection 38-1a-502(1) records with each applicable county recorder, not with the registry. Two different offices, and people miss this deadline by sending the right document to the wrong place
Which limb sets your date180 from completionsection 38-1a-502(1)(a)(i), the full 180 days, because no notice of completion has been filed. That is the longest this deadline can ever be and it can be shortened by a filing you do not make
Mail the owner a copy, day 30after you recordsection 38-1a-502(4)(a) gives 30 days from filing the notice of construction lien to deliver or mail a copy by certified mail to the reputed or record owner
Sue and record the lis pendensafter you recordsection 38-1a-701(2)(a) gives 180 days from the day you file the notice of lien, so this clock cannot start until the one above it is done
Owner-occupied residence, the fundnot a residence jobTitle 38 Chapter 11 applies only to owner-occupied residences, so neither the bar in 38-11-107 nor the Residence Lien Recovery Fund reaches this job
What being late costs youthe lien itselfmiss the recording window in section 38-1a-502 and there is no lien to enforce, no extension anywhere in chapter 1a, and nothing a later filing cures

What this calculator assumes

  • Utah runs its notices through one database rather than through the mail. Section 38-1a-501 says a person who wants a construction lien files a preliminary notice with the State Construction Registry no later than 20 days after the day he commences work, and 38-1a-401 says the same of a notice of preconstruction service for design work. Nobody serves anybody. The filing is the notice, the registry is where every other party looks, and the 20 days runs from a beginning rather than from an ending, which makes it the one Utah deadline you can see coming on the day you start.
  • A late preliminary notice is not the end, and this is the most useful sentence in the chapter. Section 38-1a-501(1)(c) lets you file it anyway, and then says the lien cannot cover work you provided before the fifth day after the filing. So lateness costs you the amount rather than the lien. What closes that door is somebody else's paper: under 501(1)(d) a preliminary notice has no effect at all if it goes in more than 10 days after a notice of completion is filed. Late is survivable, late after a notice of completion is not.
  • Your recording deadline is measured from the ORIGINAL CONTRACT reaching final completion, not from your own last day. Section 38-1a-102 gives final completion four definitions and you control none of them: the date a permanent certificate of occupancy is issued, the date of the local final inspection where no certificate is required, the date no substantial work remains where neither is required and the owner is not holding payment, or the last date substantial work was performed if the contract was terminated early. A subcontractor who finished in March can be counting from a certificate issued in September, and can also be counting from a termination that happened before he left the site.
  • The second limb of section 502(1)(a) is a cap, not an extension. Section 38-1a-502(1)(a) gives 180 days from final completion if no notice of completion is filed, and if one is filed, 90 days from that filing but never later than the same 180. A notice of completion filed on day 150 does not buy you to day 240. It can only ever shorten you, and only if it lands before day 90.
  • This calculator counts days. It does not decide when your job reached final completion, it does not price a lien, and it does not tell you whether the property is an owner-occupied residence within the meaning of 38-11-102. Those are the three questions a Utah construction lawyer earns a fee answering, and the dates below are what you should take to that conversation rather than a substitute for it.

Twenty days from the day you started, and the only late filing route in this lane

Utah does not measure your first deadline from the end of anything. Section 38-1a-501(1)(a) gives you twenty days from the day you commence providing construction work, filed at the State Construction Registry rather than at a county recorder. Of every deadline on this page it is the only one you can see coming, because it depends on a day you were there for.

Then comes the provision that makes Utah different. Section 501(1)(c) says a person who fails to file a timely preliminary notice may file one anyway, and that the lien then covers nothing provided before the fifth day after the late filing. Read that carefully, because the shape of it is unusual. You do not lose the lien. You lose the front of it. A subcontractor who started in March, filed nothing, and files today still has a lien over everything he provides from five days from now, and on a job with months left to run that can be most of the contract.

Nothing else in this lane works that way. California, Texas, Michigan, Massachusetts and Illinois all treat a missed notice as the end of the claim. Utah treats it as a haircut, and the size of the haircut depends on how much work is still ahead of you rather than on how late you are.

The reason to act today rather than next week is in the next subsection. Section 501(1)(d) says a preliminary notice has no effect if it is filed more than ten days after a notice of completion is filed under section 38-1a-507, and section 501(1)(e) then bars the lien. A notice of completion is filed by the owner, the original contractor or a lender, and nobody has to call you first. So the cure window closes on somebody else's paperwork plus ten days, which means the honest answer to how long you have got is that you do not know. Filing a late notice costs a registry fee and an hour. Waiting costs the whole claim.

One detail on the count itself: the statute says twenty days after the day on which the person commences providing construction work, so the day you started is day zero and the notice is due on day twenty. This page counts it that way. Add the buffer at the bottom of the form if you want the answer a working week early, which is what most people should be reading.

Utah Code section 38-1a-501(1)(c)

(i) A person who desires to claim a construction lien on real property but fails to file a timely preliminary notice within the period specified in Subsection (1)(a) may, subject to Subsection (1)(d), file a preliminary notice with the registry after the period specified in Subsection (1)(a). (ii) A person who files a preliminary notice under Subsection (1)(c)(i) may not claim a construction lien for construction work the person provides to the construction project before the date that is five days after the preliminary notice is filed.

The words that matter are before the date that is five days after. They describe what is cut off, not what is kept, and everything on the far side of that date is still lienable. This is the sentence to read if you have already decided your Utah lien is gone.

Final completion is not your last day on the job, and it is not your call

Your recording deadline under section 38-1a-502(1)(a) runs from final completion of the original contract. Not from your last day. Not from the day you sent your final invoice. From the day the contract between the owner and the original contractor reached final completion, which is a defined term with four separate definitions in section 38-1a-102, applied in order.

Two of them are acts of a local government: the issuance of a permanent certificate of occupancy, or the final inspection where no certificate is required. One is a judgment call about whether any substantial work remains, and that one is switched off entirely while the owner is holding payment to ensure completion, which is to say while retention is outstanding. The fourth covers the abandoned job, and it points at the last date substantial work was performed under the original contract where the contract was terminated and no certificate or inspection ever happened.

The practical consequence for a subcontractor is uncomfortable in both directions. If you finished your scope in April and the building got its certificate of occupancy in September, your clock did not start in April, and a page that asks when you finished and calls that the trigger would have told you your lien was dead when you still had five months. If instead the job was abandoned in May, definition (d) can put final completion before your own last day on site.

So the field on this page asks for the date of final completion of the original contract, not your last day, and if you do not know it you should find out before you rely on any number here. The certificate of occupancy date is a public record at the local building department, and it is one phone call. That call is worth more than any estimate.

There is one genuine second chance and it is section 502(1)(b). A subcontractor who provides substantial work after a certificate of occupancy is issued or a required final inspection is completed gets one hundred and eighty days from final completion of his own work instead. That is the punch list and late scope case, and because the certificate of occupancy is exactly the event that starts the ordinary clock, you can be comfortably inside 502(1)(b) while 502(1)(a) has long since run out. The page asks this as its own question for that reason.

Utah Code section 38-1a-102, definition of final completion

“Final completion” means: (a) the date of issuance of a permanent certificate of occupancy by the local government entity having jurisdiction over a construction project, if a permanent certificate of occupancy is required; (b) the date of the final inspection of construction work by the local government entity having jurisdiction over a construction project, if an inspection is required under a state-adopted building code applicable to the construction work, but no certificate of occupancy is required; (c) unless the owner is holding payment to ensure completion of construction work, the date on which there remains no substantial work to be completed to finish the construction work under the original contract, if a certificate of occupancy is not required and a final inspection is not required under an applicable state-adopted building code; or (d) the last date on which substantial work was performed under the original contract, if, because the original contract is terminated before completion of the construction work defined by the original contract, the local government entity having jurisdiction over a construction project does not issue a certificate of occupancy or perform a final inspection.

Four definitions, and the claimant chooses none of them. Note the clause inside (c): while the owner is holding payment to ensure completion, definition (c) cannot apply at all, so retention on a job with no certificate and no inspection keeps the start date open.

The ninety days after a notice of completion is a cap, never an extension

Section 38-1a-502(1)(a) reads as a pair. Limb (i) gives you one hundred and eighty days after final completion of the original contract if no notice of completion is filed. Limb (ii) gives you ninety days after a notice of completion is filed, but not later than one hundred and eighty days after final completion.

The seven words at the end of limb (ii) are the whole point, and they are the ones people skip. A notice of completion can only ever take time away from you. If one is filed on day thirty of your one hundred and eighty, you now have until day one hundred and twenty, and you have lost sixty days. If one is filed on day one hundred and fifty, ninety days from that date would be day two hundred and forty, and you do not get it: the second half of the limb holds you at day one hundred and eighty.

So the only notice of completion that changes anything is one filed inside the first ninety days. After that it is noise. This page applies both limbs and shows you which one is actually setting your date, because the difference decides whether a notice of completion filed last week is an emergency or an irrelevance.

Two other things about notices of completion are worth holding together. The same document that may shorten your recording deadline also starts the ten day countdown that closes your late filing route under section 501(1)(d). One filing, two effects, and they hit different people on the same job: the ten day effect can end a late subcontractor's claim outright while the ninety day effect does nothing at all to a claimant who is only thirty days in.

And the notice is filed at the registry, not served on you. Section 38-1a-507 governs it. If you are working in Utah and you are not checking the State Construction Registry for the project, the first you will hear about a notice of completion is when somebody tells you your lien is barred.

Utah Code section 38-1a-502(1)(a)

A person who desires to claim a construction lien shall submit for recording in the office of each applicable county recorder a notice of construction lien no later than, except as provided in Subsection (1)(b): (i) 180 days after the date on which final completion of the original contract occurs, if no notice of completion is filed under Section 38-1a-507; or (ii) 90 days after the date on which a notice of completion is filed under Section 38-1a-507, but not later than 180 days after the date on which final completion of the original contract occurs.

Read limb (ii) to its end. But not later than one hundred and eighty days after final completion is a ceiling on the ninety, which is why a late notice of completion cannot buy you a single extra day.

One hundred and eighty days to sue, and three obligations riding on it

Section 38-1a-701(2)(a) gives you one hundred and eighty days from the day you filed your notice of construction lien to file an action to enforce it. That is the part everyone knows. The two parts sitting beside it in the same section are the ones that actually lose liens.

First, section 701(3)(a)(i) requires you, within that same period, to file for record with each applicable county recorder a notice of the pendency of the action. Not just the lawsuit, the lis pendens, and in every county the property touches. Fail and 701(3)(a)(ii) makes the lien void except against people who were made parties or who had actual knowledge, and 701(3)(b) puts the burden of proving that knowledge on you.

Second, if the job is a residence, section 701(6)(a) requires you to include with service of the complaint on the owner a set of instructions about the owner's rights under the Residence Lien Restriction and Lien Recovery Fund Act, plus a form for the owner to specify the grounds. Section 701(6)(c) bars you from maintaining or enforcing the lien if you do not. The lawsuit was filed in time, the lis pendens was recorded in time, and the lien still fails because two documents were not stapled to the complaint.

The penalty language in section 701(4) is the harshest in this lane. A lien is automatically and immediately void if the action is not filed in time, and subsection (4)(b) then removes the court's subject matter jurisdiction to adjudicate it at all. That is worth understanding precisely: it is not a defense the owner has to plead and could waive. A court cannot reach the question.

One thing survives all of this and it is easy to miss because it sits at the end. Section 701(5) says the section may not be interpreted to impair or affect the right of any person owed a debt for construction work to maintain a personal action to recover it. Your lien can be void while your claim against whoever actually hired you is perfectly alive on a much longer clock. If this page tells you the lien is gone, that sentence is where you go next.

Utah Code section 38-1a-701(4)

(a) A preconstruction lien or construction lien is automatically and immediately void if an action to enforce the lien is not filed within the time required by this section. (b) Notwithstanding Section 78B-2-111, a court has no subject matter jurisdiction to adjudicate a preconstruction or construction lien that becomes void under Subsection (4)(a).

Automatically and immediately, and then no subject matter jurisdiction. Nobody has to raise it, and nobody can agree to overlook it.

The owner-occupied residence bar, and the door it opens

If you worked on an owner-occupied residence under an agreement with anyone other than the owner, section 38-11-107(1)(a) can bar you from maintaining a lien on that residence and from recovering a judgment in any civil action against the owner, if the owner meets the conditions in section 38-11-204(4)(a) and (b). Those conditions are short: the owner had a written contract with a licensed or exempt original contractor, a real estate developer or a factory built housing retailer, and the owner paid that party in full under the contract.

This is not a deadline and no date on this page will fix it. An owner who paid his builder in full is protected from you, and the fact that the builder then kept your money is exactly the situation the bar was written for.

It is also not the end. The same two facts that bar the lien are the first two things the Residence Lien Recovery Fund requires, so where section 38-11-107 shuts the door, section 38-11-204(4) opens another one. The fund pays qualified beneficiaries out of money collected from licensed contractors, and the price of admission is a deadline that starts running whether anybody tells you about it or not.

Section 38-11-204(4)(d)(i) requires that you filed an action against the nonpaying party, meaning whoever actually owes you rather than the owner, within the earlier of one hundred and eighty days from filing a notice of claim under section 38-1a-502, and two hundred and seventy days from completion of the original contract. Look at what that means for the person most likely to be reading it. If you were told you were barred and therefore filed nothing at all, the first limb never existed for you, and you are governed entirely by the second, which has been running since the job finished. Then section 38-11-204(2) gives you one year from the date judgment is entered to apply to the fund.

One more thing, and it is the finding that changed this page. Nothing in section 38-11-204(4) asks whether you ever had a good lien. Every requirement in it is about what the owner did and about who failed to pay. So a claimant whose lien was barred under section 38-1a-501(1)(e), or whose lien went void under section 701(4)(a), can still be inside the fund route, and this page keeps that clock visible instead of telling him the page is over.

Utah Code section 38-11-204(4)(d)(i)

unless precluded from doing so by the nonpaying party's bankruptcy filing within the applicable time, the qualified beneficiary filed an action against the nonpaying party to recover money owed to the qualified beneficiary within the earlier of: (A) 180 days from the date the qualified beneficiary filed a notice of claim under Section 38-1a-502; or (B) 270 days from the completion of the original contract pursuant to Subsection 38-1a-502(1).

The earlier of, and limb (A) exists only if you filed a notice of claim at all. A claimant who accepted that he was barred and filed nothing has only limb (B), measured from completion of the original contract, and nothing will remind him.

The thirty day owner copy, the one deadline here that does not cost you the lien

Section 38-1a-502(4)(a) says that within thirty days after filing a notice of construction lien you shall deliver or mail by certified mail a copy of the notice to the reputed owner or the record owner. Every other date on this page is about keeping the lien. This one is not.

The penalty is in subsection (4)(c) and it is specific: failure precludes you from an award of costs and attorney fees against the owner in an action to enforce the lien. The lien itself is untouched. On a claim of any size that is still real money, because it is often the difference between suing and writing the debt off, but it is not the emergency the other rows are and this page does not pretend otherwise.

Subsection (4)(b) gives you a route when you cannot find the owner: mail the copy to the last known address using the names and addresses on the last completed real property assessment rolls of the county where the property is. That is a public record, it is free to look at, and using it is a complete answer to the requirement. There is no excuse available here that is worth thirty days of thinking about it.

Note the trigger. Thirty days from filing the notice of construction lien, not from final completion and not from anything the owner does. So it is the one deadline on this page that starts on a day you chose yourself, which is also why it is the easiest one to diary and the most commonly forgotten.

Utah Code section 38-1a-502(4)

(a) Within 30 days after filing a notice of construction lien, the claimant shall deliver or mail by certified mail a copy of the notice to the reputed owner or the record owner. (b) If the record owner's current address is not readily available to the claimant, the claimant may mail a copy of the notice to the last known address of the record owner, using the names and addresses appearing on the last completed real property assessment rolls of the county where the project property is located. (c) Failure to deliver or mail the notice of lien to the reputed owner or record owner precludes the claimant from an award of costs and attorney fees against the reputed owner or record owner in an action to enforce the construction lien.

Costs and attorney fees, not the lien. Worth knowing precisely, because a claimant who thinks he has lost the lien may stop fighting a claim he could still win.

Questions people ask

I never filed a preliminary notice and I started four months ago. Is my Utah lien gone?

Probably not, and this is the question Utah answers differently from every other state on this site. Section 38-1a-501(1)(c) lets you file a preliminary notice late, and your lien then covers construction work you provide from the fifth day after that filing onward. Work you did before that date is not lienable, so the claim shrinks, but a claim on the remaining scope of a job with months left to run can be most of the contract value. File it today rather than this week, because section 501(1)(d) kills a late notice filed more than ten days after anybody files a notice of completion, and you will not be told when that happens. Check the State Construction Registry for the project before you assume the window is still open, and file even if you are unsure, because a notice that turns out to be too late costs a fee and a notice you did not file costs the claim.

What is the State Construction Registry and why is my notice not going to the county recorder?

Utah splits the two. Preliminary notices and notices of completion are filed electronically at the State Construction Registry, defined in section 38-1a-102 as the registry under Part 2 of the chapter. The notice of construction lien itself goes to the office of each applicable county recorder under section 38-1a-502(1), and so does the notice of pendency of the action under section 38-1a-701(3)(a)(i). So a single claim touches two systems, and the deadline that is easiest to miss is the registry one at the front. The practical habit that follows is to check the registry for the project rather than waiting to be served, because both of the documents that can shorten or end your rights, a notice of completion and somebody else's preliminary notice, live there and neither is mailed to you.

A notice of completion was filed. How much time did I just lose?

It depends entirely on when in your one hundred and eighty days it landed, and it may be none. Section 38-1a-502(1)(a)(ii) gives ninety days from the notice of completion but not later than one hundred and eighty days after final completion of the original contract. If the notice was filed on day thirty you now have until day one hundred and twenty and you lost sixty days. If it was filed on day one hundred and fifty, ninety days from then would take you past the one hundred and eighty day ceiling, so you are held at day one hundred and eighty and you lost nothing. The limb only bites inside the first ninety days. Separately, and this catches different people on the same job, the same filing starts a ten day countdown under section 501(1)(d) that closes the late preliminary notice route, and that one is fatal rather than merely shortening.

I am an architect or engineer. Do the same rules apply to me?

No, and the difference is the harshest thing in the chapter. Preconstruction service runs on sections 38-1a-401 and 38-1a-402. You file a notice of preconstruction service within twenty days of commencing, and section 401(1)(b) says a person that fails to file a timely notice may not claim a valid preconstruction lien. There is no late filing route anywhere in section 401. The cure in section 501(1)(c) is for construction work only, so the provision that saves a late subcontractor does not exist for you. If you filed on time, section 38-1a-402(1) then gives you ninety days after completing the preconstruction service for which you were not paid in full to record the notice of preconstruction lien, and note that this is the only clock in the chapter measured from your own completion rather than from the original contract's.

The homeowner says he already paid the general contractor in full, so I cannot lien his house. Is that right?

If it is an owner-occupied residence and your agreement was with someone other than the owner, very likely yes. Section 38-11-107(1)(a) bars both the lien and a judgment against the owner where the owner meets the conditions in section 38-11-204(4)(a) and (b), which are a written contract with a licensed or exempt original contractor and payment in full under it. What you should do next is not argue about the lien. Those same two facts are the first two requirements of the Residence Lien Recovery Fund, so the bar and the fund are triggered by the same evidence. Get to the deadline in section 38-11-204(4)(d)(i) immediately: an action against the nonpaying party within the earlier of one hundred and eighty days from a notice of claim and two hundred and seventy days from completion of the original contract. If you filed nothing because you were told you were barred, only the two hundred and seventy day limb applies to you and it has been running since the job finished.

I recorded my lien on time. What else has to happen inside the one hundred and eighty days?

Three things, and only the first is obvious. File the action to enforce the lien under section 38-1a-701(2)(a). Record a notice of the pendency of that action with each applicable county recorder under section 701(3)(a)(i), or the lien is void except against parties to the action and people with actual knowledge, and section 701(3)(b) puts the burden of proving knowledge on you. And if the property is a residence, include with service of the complaint the instructions and form required by section 701(6)(a), because section 701(6)(c) bars you from maintaining or enforcing the lien without them. Separately and on its own thirty day clock, section 502(4)(a) requires a copy of the recorded notice of lien to the owner, but that one costs you costs and attorney fees rather than the lien.

My deadline has passed. Is there anything left?

Two things, and they are worth more than they sound. Section 38-1a-701(5) expressly preserves the right of anyone owed a debt for construction work to maintain a personal action to recover it, so your claim against whoever hired you is untouched by anything that happened to the lien, and it runs on an ordinary contract timetable rather than on this one. And if the job was an owner-occupied residence, the Residence Lien Recovery Fund does not ask whether you ever had a valid lien. Every requirement in section 38-11-204(4) is about the owner's written contract, the owner's payment in full and who failed to pay you. That is why this page keeps the fund deadline on screen even when it has just told you the lien is void or was never valid.

I finished my part in the spring but the building was not certified until the autumn. Which date starts my clock?

The autumn one, in most cases, and this is the single most common way a Utah subcontractor gets his own deadline wrong in the safe direction and then panics. Section 38-1a-502(1)(a) measures from final completion of the original contract, and section 38-1a-102 defines that as the issuance of the permanent certificate of occupancy where one is required. Your own last day on site is not the trigger. Get the certificate of occupancy date from the local building department rather than estimating it. There is one situation where your own completion does matter: section 502(1)(b) gives a subcontractor who provided substantial work after the certificate of occupancy or the required final inspection one hundred and eighty days from final completion of his own work, which is a separate and later clock for punch list and late scope work.

Does this calculator give me legal advice or tell me how much my lien is worth?

No to both. It applies dates from the sections it names to the dates you enter, and it shows you the arithmetic so you can check it. It cannot tell you whether final completion has occurred, whether a residence is owner-occupied within the meaning of section 38-11-102, whether your work counts as substantial under section 502(1)(b), or what your partial lien under section 501(1)(c)(ii) is actually worth, because that last one turns on which invoices fall on which side of a date rather than on a calendar. Utah also removes the court's subject matter jurisdiction over a void lien under section 701(4)(b), which is a reason to get advice early rather than late. Use this to find out which deadline is your problem, then talk to a Utah construction attorney about the ones that are close.

Need the paperwork too?

Free Lien Waiver Forms for Contractors, free, no signup, PDF Word and Excel.

The Utah waiver rule is a separate clock.

Nothing on this calculator counts it. Utah lien waiver forms, free and on the statutory wording sets out what a signature does to your claim in Utah, with the statutory forms word for word.

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