Construction and Collection Attorney

blog on construction, bond claims, mechanic's liens, collection issues, construction claims, change orders, commercial litigation. Focus on Utah law

Thursday, September 13, 2007

First and Last Date of Work or of Materials Delivered

Failure to identify the first and last date on which labor was performed or material furnished may be fatal to a lien claim. The first and last dates are important because they help determine the commencement of the time limitation periods for filing the Notice of Lien and beginning a lien foreclosure action. For example, the first date of the first work performed or material delivered on the project is the date to which all of the mechanic’s liens relate back. While the last date work was performed or material was furnished under the original contract was the date from which the time period for filing a Notice of Lien and commencement of a lien foreclosure action begins for and contractors or supplies performing services under an original contract, that is no longer the case. The time to start foreclosure of a mechanic's lien is 180 days from completion of the project. All contractors or supplies must figure which original contract they are under, and then figure their time periods from the completion of the original contract or work thereunder. Every Notice of Lien must contain these dates to be valid.

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