Bond or Lien Claim-Private Works

Warning: All information contained within this data base is subject to change at any time by the various states and is not guaranteed in any way by FWM Software. Nor does FWM Software assume any liability or responsibility for its content. Please use in conjunction with advice from your attorney.

Note: This information is limited in scope and applies only to this document. Please see the general information, all forms memo, and the general information memo for this type of document, for additional information.

Document Title: Notice and Claim of Lien.

Scope: State of Utah, Private Works.

Special Note: A person or company allowed under the statute to file a lien upon an owner-occupied residence (single or double family residence) or commercial property who provides services as defined under the statute must file a claim of lien, in any case.

Time Constraints: you must have served a notice of commencement of furnishing labor, materials or equipment or you cannot claim a lien. See the memos for Utah Preliminary Notice, Private Works, for more information.

You must file your Notice and Claim of Lien with the County Recorder’s office, within 90 days of the Contract Completion.

Within 30 days after the date the lien is filed, send one attested (stamped by the Recorder's office) copy of the Notice of Claim by certified mail to the owners, general contractors and sureties.

Perfection: File suit to perfect your lien within 180 days of your filing a claim of lien.

Payment Bond: Where a Payment Bond has been provided by a surety, file suit to recover on the bond after 90 days but within 1 year of your last furnishing.

The usual remedy is to file to enforce all claims in one suit (see below, Procedures).

In any case, we strongly recommend that your attorney handle the enforcement actions to perfect your lien claims.

Information Requirements: Program information and information for Exhibits A-D, any additional costs as to legal fees, court costs and interest charges. Do not pass these up. Estimate if necessary. In the case of Bond Claims the sureties will reserve only the amount for which you make claim, and the county of the state where the recording will be made.

Form Types: Notice of Claim and Lien, Exhibit's A-D, if needed, Notice of Filing Lien, and Recorder's Letter.

Procedures: Prepare your documents using the required information. File your Notice of Claim and Lien and serve upon the owners (with Notice of Filing Lien) general contractors and sureties (your customer is optional). At this point you are ready enforce all of your claims in one action.

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