Joseph G. Ballstaedt801.365.1021joe@snjlegal.com In Utah, the owner of a self-storage unit has collateral it can sell, if needed, to pay debts owed by tenants: the tenants’ property that is stored there. This does not mean that the owner can sell the property in any way it wishes. Rather, an owner of a self-storage unit needs …
Preparing to Enforce Liens on Property Stored in Self-Storage Units Read More »
In Utah, to lien, you must do more than clean. Restoration contractors often do more than clean up when disaster strikes a home or business. When a restoration contractor physically improves the structure, there may be a basis for a lien against the property. In the Utah Court of Appeals’ decision in All Clean, Inc. v. Timberline …
Joseph G. Ballstaedt801.365.1021joe@snjlegal.com A car owner hires a mechanic to install new brakes on his car and make some general repairs, but the car owner refuses to pay. Perhaps the owner claims he did not authorize the mechanic to perform all the work, or perhaps the owner believes the work was faulty. Maybe the owner …
Repairman’s Liens in Utah: The Right to Keep Property Until Paid in Full Read More »
Joseph G. Ballstaedt801.365.1021joe@snjlegal.com A general contractor or subcontractor hires your company to do work on a construction project. Your company provides the goods, services, and other work requested and sends an invoice. Weeks pass, and no payment comes. You call about payment, but no payment comes. You send letters, emails, and all kinds of communications, …
Joseph G. Ballstaedt 801.365.1021 joe@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 …
Not All Unenforceable Construction Lien Claims in Utah Are Wrongful Liens Read More »
Over the years, I’ve fielded countless calls from frantic individuals, subcontractors, contractors and suppliers desperate to file a construction lien against a project immediately because that was the only way they were going to be paid. They’re right. That is the only way they were likely ever to get paid. But unfortunately, it’s not quite that easy. …
What Is a Preliminary Notice and How Do I File One? Read More »
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 on the property, such as a trust deed for a construction loan, all mechanic’s liens would have priority over that …
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 App. 370 and the issue was whether the work done by the lien claimant fell within the mechanic’s lien statute …
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 or mortgage, can be foreclosed if payment is not received. There are some important aspects to a mechanic’s liens that must …
What is a Mechanic’s Liens and How Does It Work? Read More »
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 liens. Construction Material Supplier or Subcontractor Seeking Payment for Construction Services/Materials The Lien Recovery Fund is a great source of …
