Wednesday, July 18, 2012

Lien Law Online eLert for 7/18/2012 - Utah

July 13, 2012 With Utah’s mechanics’ lien statutes having gone through a substantial overhaul in 2011, the amendments in 2012 were minimal, relatively speaking, and mainly cosmetic. One primary change is that the code sections governing mechanics’ liens were renumbered. They were also divided to distinguish between lien laws for private projects and certain lien-based laws (e.g., notices of commencement and preliminary notices) applicable to payment bond claims on government projects. The sections governing private projects are now identified as Utah Code sections 38-1a-102 through 38-1a-804, while those pertaining to government projects are identified as sections 38-1b-102 through 38-1b-203. Another amendment is the addition of Utah Code section 38-1a-309, which codifies the recovery of interest on mechanics’ lien claims at a certain statutory rate (ten percent per year) unless a governing contract requires a different rate. Brian J. Babcock, Esquire Babcock Scott & Babcock P.C.

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