Preserving Lien Rights in Utah Through the Notice of Construction Lien

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By Joseph G. Ballstaedt 801-365-1021 [email protected] 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 Read More

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

Posted in Blog, Commercial Litigation, Construction Law, Real Estate Law by 1 Comment

By Joseph G. Ballstaedt 801-365-1021 [email protected] 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 Read More

Lis Pendens Explained

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“Legalese” often renders the law more confusing than it needs to be. Case in point: “lis pendens” (pronounced liz pendenz). This latin phrase meaning “lawsuit pending” refers to a legal document designed to inform the public of a lawsuit that could affect the right to own or possess a specific parcel of real estate. The Read More

The New Priority Rules

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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 Read More