Nature of Lien Claim Before and After Perfection

Before perfection, a mechanic’s lien is a potential right or claim against the liened property. An unperfected mechanic’s lien is said to be “inchoate,” which means in the early stages or just beginning. The right to perfect a mechanic’s lien claim lapses if not exercised within the time limitations for the various protected classes of claimants. Once perfected, a mechanic’s lien may be enforced by bringing a lien foreclosure action, at any time, during a period of 180 days from date on which the lien claimant filed the Notice of Lien under Utah Code section 38-1-7. Utah Code Ann. § 38-1-11(1) (Lexis 2005).