Legal Question in Construction Law in Utah

New Construction Lien placed on home after close

I purchased a home in October 2002 and was informed by a neighbor who refinaced that we both have liens on our homes from sub contractors who were not paid for services in the construction of our homes. I have found that I can have the liens removed since I contracted with a licensed general contractor and paid for the home under the terms of the contract Utah code 38-11-204 3(a) and 3(c). However the utah code 38-11-107 (3) states the information removing me lien eligibility must be established through WRITTEN FINDINGS of FACT from a court of compentant Jurisidiction.

Can your tell me where and how to get this written findings of fact established by a court. Thank you.


Asked on 5/04/03, 5:05 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: New Construction Lien placed on home after close

The sub contractors must file a lawsuit against the owners of the property within one year of the date of the lien, otherwise the lien is not enforceable. You can file suit against the general contractor to remove the liens. If the judge awards you judgment, the findings of fact and conclusions of law are part of the court's order.

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Answered on 5/04/03, 9:55 pm


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