Course Description
Don't be caught off guard - get the training needed to successfully exercise your lien rights.
Handling construction payment disputes in Utah can be successful when armed with the necessary legal and practical knowledge. Find out how to efficiently collect payment for your work or supplies. Successfully manage even the most complex and costly situations.
Join our panel of experienced local professionals, as they guide you through the strategies for tackling lien and bond issues in any project. Understand the complex law governing the priority of liens and payments, and protect your bottom-line with enforcement and collection strategies. Don't wait - register today.
Who should attend?
This seminar is designed for attorneys, presidents, vice
presidents, owners, accountants, credit managers, lenders, controllers,
construction managers, project managers, office managers, engineers,
architects, contractors and subcontractors.
Benefits for You
- Correctly identify what property is subject to a lien and who is entitled to recover payment
- Understand the complex law governing priority of mechanics liens on property
- Learn how you can succeed in the litigation and foreclosure of mechanics liens.
- Grasp the key essentials of perfecting and preserving lien rights
Learning Objectives
- You will be able to identify those entitled to mechanics liens.
- You will be able to review amount and extent of lien claim.
- You will be able to explain waiver, loss and release of lien.
- You will be able to discuss a practical approach to mechanics liens in Utah.
Agenda
8:00 AM - 8:30 AM |
Registration |
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8:30 AM - 9:00 AM |
Overview of Utah Mechanics Lien Law |
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— Darrel J. Bostwick |
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9:00 AM - 10:00 AM |
Those Entitled to Mechanics Liens |
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— Randy B. Birch |
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- Original Contractors and Subcontractors
- Material Suppliers, Laborers and Professionals
- Equipment Rental and Mining and Exploration
- Unlicensed Contractors
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Nature of Improvements and Type of Services Rendered |
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- Improvements Upon the Land
- Personal Property vs. Fixtures
- Tools, Subdividing Land and Off-Site Improvements
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10:00 AM - 10:10 AM |
BREAK |
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10:10 AM - 10:40 AM |
Property Interests Subject to Mechanics Liens |
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— Darrel J. Bostwick |
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- Public vs. Private Property
- Buyer's Interest and Leasehold Interest
- Mining Property, Condominiums, Moved Building, Blanket Liens and Agency
- Portion of Property Subject to Mechanics Lien
- Homestead Exemption
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10:40 AM - 11:00 AM |
Amount and Extent of Lien Claim |
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— Randy B. Birch |
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- The General Rule - Reasonable Value, Interest, Attorney's Fees for the Successful Party and Costs
- Recoverable Amount May Be Limited by Notice of Release of Lien and Substitution of Alternate Security
- Putting the Owner on Notice and Claims Protected
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11:00 AM - 12:00 PM |
Perfecting a Mechanics Lien |
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— Darrel J. Bostwick |
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- Preliminary Notice of Lien and Time Limitations for Filing
- Completion of the Contract and Work Stopped Before Completion
- Contents of Notice of Lien
- Notice to the Owner of the Property
- Effect of Inaccuracies in the Lien Claim
- Where to File the Notice of Lien
- Amendment of Mechanics Lien
- Nature of Lien Claim Before and After Perfection
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12:00 PM - 1:00 PM |
Lunch (On Your Own) |
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1:00 PM - 1:40 PM |
Enforcing a Mechanics Lien: The Lawsuit, Arbitration, Foreclosure, Recovery, Judgment |
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— Randy B. Birch |
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1:40 PM - 3:00 PM |
Priority of Liens |
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— Darrel J. Bostwick |
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Waiver, Loss and Release of Lien |
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3:00 PM - 3:10 PM |
BREAK |
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3:10 PM - 4:00 PM |
Assignment of Mechanics Liens Redemption |
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— Randy B. Birch |
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Mechanics Lien Recovery Fund |
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- Owner Responsibilities
- Qualified Services and Qualified Beneficiaries
- Claims Process and Payment
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4:00 PM - 4:30 PM |
A Practical Approach to Mechanics Liens in Utah |
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— Darrel J. Bostwick |
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- Determining Lien Rights on a Project
- Alternatives to Filing a Mechanics Lien
- Effect of Lien Filing on Working Relationships
- Filing, Perfecting and Enforcing a Lien While Maintaining Good Relationships
- The Promise to Pay in Lieu of Filing a Mechanics Lien
- When to File a Mechanics Lien and Options After Filing a Mechanics Lien
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