The Annual Round With Utah's Mechanics' Lien Laws


Death and taxes aren't the only sure things in this life. Another event you can take to the bank is the annual tweaking and twisting of Utah's mechanics' lien laws in the legislature. It is always a dynamic process to watch, and with banks and title companies getting a lot of attention this year, the 2011 Utah State Legislative Session was active. There were countless hours spent debating pros and cons of the changes suggested by all sides of the construction industry.

At the end of the day, the Utah legislature made some very significant changes to the Utah Mechanic's Lien laws in 2011. Two bills enacted the changes: HB 260 "Mechanic's Lien Revisions" and HB 115 "Mechanics' Liens Amendments." Following is a brief summary of the changes. As with any changes, there will be a period of adjustment to work out the details in interpretation and enforcement. How Utah's appellate courts will ultimately interpret these changes, too, is always an uncertain dynamic.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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