Work Without Visible Evidence at the Project Site

Problems as to priority arise when those who do not make visible improvements to the project site, but provide lienable services such as surveyors perform their work. They do not leave any readily visible evidence that “work has commenced”; similarly when an engineering firm conducts soil tests without leaving readily visible evidence that “work has commenced.” The governing principle is one of notice.

For a lien to be able to relate back to prior work on the project, that prior work must give visible notice that such prior work was performed on the property. See Tripp v. Vaughn, 747 P.2d 1051 (Utah Ct. App. 1987). If the prior work does not give sufficient notice to establish it as the work to which all other lien relate back to, but is of the type of work which is lienable, the prior work may enjoy priority over the work which is performed at a later time.