Construction and Collection Attorney

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

Tuesday, July 15, 2008

Priority of Mechanic's Liens against the Property

Utah Code section 38-1-5 states that “The liens herein provided for shall relate back to, and take effect as of, the time of the commencement to do work or furnish materials on the ground for the structure or improvement . . . .” Id. § 5.

So, it appears that if there are multiple prime contracts, even though the date of final completion may vary with the prime contract, ALL lien claims relate back to the first work by ANYONE on the "ground" regardless of which prime contractor the claimant works for on the project.

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