Utah mechanics lien deadlines: notice, lien and suit (2026)
By Oussama Chicha, EditorUpdated Checked against primary sources · not yet reviewed by a licensed professionalFact-checked
Quick answer
Utah's default lien filing deadline is the earlier of 180 days after final completion of the original contract occurs and 90 days after a notice of completion is filed (Utah Code § 38-1a-502(1)(a)). The deadline to sue is 180 days after the notice of construction lien is filed (§ 38-1a-701(2)). Preliminary notice: 20 days after the person commences providing construction work on the real property (§ 38-1a-501(1)(a)).
Utah · Lien deadlinesVerified 2026-10-03
Lien filing
the earlier of 180 days after final completion of the original contract occurs and 90 days after a notice of completion is filed
Preliminary notice
20 days after the person commences providing construction work on the real property
Deadline to sue
180 days after the notice of construction lien is filed
What the statute says about it. A person who fails to file a preliminary notice as required may not claim a construction lien. A person who files late may not claim a construction lien for construction work provided before the date that is five days after the notice is filed, and a preliminary notice has no effect if it is filed more than 10 days after the filing of a notice of completion. Recipients: The registry.
(a) A person who desires to claim a construction lien on real property shall file a preliminary notice with the registry no later than 20 days after the day on which the person commences providing construction work on the real property.
(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.
(d) Notwithstanding Subsections (1)(a) and (c), a preliminary notice has no effect if it is filed more than 10 days after the filing of a notice of completion under Section 38-1a-507 for the construction project for which the preliminary notice is filed.
(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.
(b) A subcontractor who provides substantial work after a certificate of occupancy is issued or a required final inspection is completed and 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 180 days after final completion of that subcontractor's work.
What the statute says about it. Failure to deliver or mail the notice 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. Recipients: The reputed owner or the record owner. Delivery: Delivered, or mailed by certified mail. If the record owner's current address is not readily available, the copy may be mailed to the record owner's last known address, using the names and addresses on the last completed real property assessment rolls of the county.
(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.
What the statute says about it. A construction lien is automatically and immediately void if an action to enforce it is not filed within that time. Within the same period the claimant files for record a notice of the pendency of the action, or the lien is void except as to persons who have been made parties to the action and persons having actual knowledge of the commencement of the action.
(2) In order to enforce a preconstruction lien or construction lien, a claimant shall file an action to enforce the lien: (a) except as provided in Subsection (2)(b), within 180 days after the day on which the claimant files: (i) a notice of preconstruction lien under Section 38-1a-402, for a preconstruction lien; or (ii) a notice of construction lien under Section 38-1a-502, for a construction lien; or (b) if an owner files for protection under the bankruptcy laws of the United States before the expiration of the 180-day period under Subsection (2)(a), within 90 days after the automatic stay under the bankruptcy proceeding is lifted or expires.
(3) (a) (i) Within the time period provided in Subsection (2) for filing an action, a claimant shall file for record with each applicable county recorder a notice of the pendency of the action, in the manner provided for actions affecting the title or right to possession of real property. (ii) If a claimant fails to file for record a notice of the pendency of the action, as required in Subsection (3)(a)(i), the preconstruction lien or construction lien, as applicable, is void, except as to persons who have been made parties to the action and persons having actual knowledge of the commencement of the action.
(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.
Upon final completion of a construction project, an owner, an original contractor, a lender that has provided financing for the project, a surety that has provided bonding for it, or a title company issuing a title insurance policy on it may file a notice of completion with the registry. Once one is filed, the notice of construction lien is due, except as § 38-1a-502(1)(b) provides, no later than 90 days after its filing, but not later than 180 days after final completion of the original contract, and a preliminary notice filed more than 10 days after it has no effect.
(a) Upon final completion of a construction project, a notice of completion may be filed with the registry by: (i) an owner; (ii) an original contractor for construction work; (iii) a lender that has provided financing for the construction project; (iv) a surety that has provided bonding for the construction project; or (v) a title company issuing a title insurance policy on the construction project.
(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.
(d) Notwithstanding Subsections (1)(a) and (c), a preliminary notice has no effect if it is filed more than 10 days after the filing of a notice of completion under Section 38-1a-507 for the construction project for which the preliminary notice is filed.
In an action to enforce a lien involving a residence, the claimant includes with the service of the complaint on the owner of the residence instructions relating to the owner's rights under the Residence Lien Restriction and Lien Recovery Fund Act and a form for the owner to specify the grounds upon which the owner may exercise them. A claimant who fails to provide them is barred from maintaining or enforcing the lien upon the residence.
(6) (a) If a claimant files an action to enforce a preconstruction or construction lien involving a residence, the claimant shall include with the service of the complaint on the owner of the residence: (i) instructions to the owner of the residence relating to the owner's rights under Title 38, Chapter 11, Residence Lien Restriction and Lien Recovery Fund Act; and (ii) a form to enable the owner of the residence to specify the grounds upon which the owner may exercise available rights under Title 38, Chapter 11, Residence Lien Restriction and Lien Recovery Fund Act.
(c) If a claimant fails to provide to the owner of the residence the instructions and form required by Subsection (6)(a), the claimant is barred from maintaining or enforcing the preconstruction or construction lien upon the residence.
The day of the event is not counted, and the last day of the period is.
(1) A person shall compute the period of time provided by law to perform an act by: (a) excluding the first day; and (b) except as provided in Subsection (2), including the last day. (2) If the last day is a legal holiday, a Saturday, or a Sunday, then a person shall: (a) exclude the day described in this Subsection (2) from the time computation described in Subsection (1); and (b) compute the period of time to include the end of the next day that is not a legal holiday, a Saturday, or a Sunday.
A last day that falls on a Saturday, a Sunday or a legal holiday moves to the next day that is not one.
(1) The following days are legal holidays in Utah: (a) except as provided in Subsection (2)(a) or (b): (i) January 1, New Year's Day; (ii) July 4, Independence Day; (iii) July 24, Pioneer Day; (iv) November 11, Veterans Day; (v) December 25, Christmas; and (vi) a day designated by proclamation issued by the president of the United States or the governor as a day of fasting or thanksgiving; (b) (i) the third Monday of January, Dr. Martin Luther King, Jr. Day; (ii) the third Monday of February, Presidents' Day; (iii) subject to Subsection (6), the Friday preceding Easter Sunday, Good Friday; (iv) the first Sunday after the first full moon that occurs on or after the spring equinox, Easter Sunday; (v) the last Monday of May, Memorial Day; (vi) the first Monday of September, Labor Day; (vii) the second Monday of October, Columbus Day; (viii) the fourth Thursday of November, Thanksgiving Day; and (ix) except as provided in Subsection (2)(c) or (d), June 19, Juneteenth National Freedom Day; and (c) except as provided in Subsection (3), every Sunday.
(1) The following days are legal holidays in Utah: (a) except as provided in Subsection (2): (i) January 1, New Year's Day; (ii) June 19, Juneteenth National Freedom Day; (iii) July 4, Independence Day; (iv) July 24, Pioneer Day; (v) November 11, Veterans Day; (vi) December 25, Christmas; and (vii) a day designated by proclamation issued by the president of the United States or the governor as a day of fasting or thanksgiving; (b) (i) the third Monday of January, Dr. Martin Luther King, Jr. Day; (ii) the third Monday of February, Presidents' Day; (iii) subject to Subsection (6), the Friday preceding Easter Sunday, Good Friday; (iv) the first Sunday after the first full moon that occurs on or after the spring equinox, Easter Sunday; (v) the last Monday of May, Memorial Day; (vi) the first Monday of September, Labor Day; (vii) the second Monday of October, Columbus Day; and (viii) the fourth Thursday of November, Thanksgiving Day; and (c) except as provided in Subsection (3), every Sunday.
The lien deadline calculator does not model Good Friday (Utah Code § 63G-1-301(1) sets it as the Friday preceding Easter Sunday, whose date changes each year) or Juneteenth National Freedom Day before January 1, 2027 (Utah Code § 63G-1-301(2), in the version superseded on that day, moves it to a Monday whenever June 19 falls on a day other than a Monday), so a date it counts may move later.
(2) (a) If a day described in Subsection (1)(a) falls on a Saturday, the preceding Friday is the legal holiday. (b) If a day described in Subsection (1)(a) falls on a Sunday, the following Monday is the legal holiday. (c) If June 19 falls on a Tuesday, Wednesday, Thursday, or Friday, the preceding Monday is the legal holiday. (d) If June 19 falls on Saturday or Sunday, the following Monday is the legal holiday.
(2) (a) If a day described in Subsection (1)(a) falls on a Saturday, the preceding Friday is the legal holiday. (b) If a day described in Subsection (1)(a) falls on a Sunday, the following Monday is the legal holiday.
The preliminary notice, the default lien filing rule, the copy of the notice of construction lien and the action to enforce each name the direct contractor, the subcontractor, the sub-subcontractor, the supplier and the laborer, on any project type [1][2][3]. One lien filing rule names only a subcontractor, under the condition in § 38-1a-502(1)(b) [2].
How the periods run
Preliminary notice. Filed with the registry, this notice has a period of 20 days after the person commences providing construction work on the real property[1]. A person who fails to file it as required may not claim a construction lien [1]. After a late filing, no lien may be claimed for work provided before the date that is five days [1] after it. A preliminary notice filed more than 10 days [1] after a notice of completion has no effect.
Notice of construction lien. The default rule ends at the earlier of 180 days after final completion of the original contract occurs and 90 days after a notice of completion is filed[2].
For a subcontractor who provides substantial work after a certificate of occupancy is issued or a required final inspection is completed, the rule reads No later than 180 days after final completion of that subcontractor's work[2]. No date is counted for it: the completion of one subcontractor's work is not a calculator input.
Copy of the lien. It goes out within 30 days after the notice of construction lien is filed[2]. A claimant who fails to deliver or mail it is precluded from an award of costs and attorney fees against the reputed owner or record owner in an action to enforce the lien [2].
Action to enforce. The suit period is 180 days after the notice of construction lien is filed[3]. If an owner files for bankruptcy under the laws of the United States before that period expires, § 38-1a-701(2)(b) measures the time from when the automatic stay is lifted or expires [3]. The lien is automatically and immediately void if the action is not filed in time [3]. A notice of the pendency of the action is filed for record within the same period, or the lien is void except as to persons who have been made parties to the action and persons having actual knowledge of its commencement [3].
Notices of commencement and completion
Upon final completion of a construction project, § 38-1a-507 lets an owner, an original contractor, a lender that financed the project, a surety that bonded it, or a title company issuing a title insurance policy on it file a notice of completion with the registry [4]. Its filing also starts a count under the default lien filing rule [2] and leaves a preliminary notice filed more than 10 days after it with no effect [1].
How residential work is treated
In an action to enforce a lien involving a residence, the claimant includes with the service of the complaint on the owner of the residence instructions on the owner's rights under the Residence Lien Restriction and Lien Recovery Fund Act and a form for stating the grounds for exercising them [3]. A claimant who does not provide them is barred from maintaining or enforcing the lien upon the residence [3].
Counting the days
For any period of time provided by law to perform an act, § 68-3-7 leaves out the first day and counts the last [5]. A last day that is a legal holiday, a Saturday or a Sunday is excluded, and the period runs to the end of the next day that is none of those [5].
What changed recently
Section 38-1a-501 was amended by Chapter 293, 2014 General Session [1]. Sections 38-1a-502, 38-1a-507 and 38-1a-701 were renumbered and amended by Chapter 278, 2012 General Session [2][4][3], and § 68-3-7 was amended by Chapter 236 of that session [5]. Section 63G-1-301 was amended by Chapter 124, 2026 General Session, and Chapter 126 of that session amends it again effective January 1, 2027 [6].
: 10 more jurisdictions published: Montana, Nebraska, Nevada, New Hampshire, New Mexico, North Dakota, Oklahoma, Oregon, Rhode Island and South Carolina.
: 9 more jurisdictions published: South Dakota, Tennessee, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin and Wyoming.
: 10 more jurisdictions published: Alabama, Alaska, Arkansas, Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Idaho and Indiana.
: 10 more jurisdictions published: Iowa, Kansas, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi and Missouri.
: Dataset first published: 9 of 51 jurisdictions published.
