Is Utah’s SCR (State Construction Registry) A Model For Rest of States?

Since 2005, Utah has maintained a standardized, state-wide system for filing preliminary notices, notices of commencement and notices of completion – the State Construction Registry, or SCR.  The result?  Any supplier, contractor or other interested party can log into the system, search for a project, and know exactly when it started and begun, and who is working on it.

This is a huge time-saver for folks working on construction projects in Utah.    We know the frustration contractors and suppliers have in other states, because we experience them ourselves at Express Lien.

The property records offices in counties across the country can be an absolute mess.   Sometimes, its next to impossible for a subcontractor or supplier to locate the legal proeprty description for a parcel of land, the name of the property owner, and whether anything has been filed on the project.    Even though its incredibly hard to find this information, the contractor or supplier may still be responsible to know it.

Imagine if across the country this information was inputted into standardized online registry of construction projects?    That’s how things work in Utah.

In and out of Utah, one of the most compelling selling features of the Express Lien service is that we make things simple for you.    After all, running your construction or supply business is difficult enough that you shouldn’t have to be research experts, or monitor lien and notice requirements across the 50 states.   How is this for simple:   You give us the project details, and our staff researches the property owner and the legal property description for you.

This can save your company hours, and since we’re more experienced at searching for this data, our search results are reliable.

Even thought the information is more accessible in Utah, that doesn’t nullify our utility.   You give us the project information, and we do the legal work.   Forget about spending an hour or two figuring out the SCR system, or having to followup with the city, or having to verify information by doing research online.

Express Lien is the smarter way to lien, and we guarantee it.

Utah Mechanics Liens Are Assignable

Filing a mechanic’s lien in any state is fairly inexpensive and easy to do.   Legal Document Preparation services like Express Lien, for example, perform the task for just $295.00.

While the filing of a mechanic’s lien is effective in and of itself, at times the filing of a lien alone is not enough to get your company paid.   And every state’s laws require that within some period of time, your business move it or lose it.   In other words, you’re required to “enforce” or “perfect” your lien.

In the construction business, cash can be tight.  One option contractors, subs and suppliers might want to consider in these instances is assigning your lien rights to a third party.

Whether lien rights are assignable interests is something that varies state-by-state.  However, a construction attorney in Utah – Randy Birch – just published an article on his Construction & Collections Blog about the assignability of lien rights in that state.

The verdict:  You Can.

Here is a quote from his recently posted article:

Utah Code section 38-1-26 specifically makes mechanic’s lien rights assignable by stating that “All Liens under this chapter shall be assignable as other chooses in action, and the assignee may commence and prosecute actions thereon in his own name in the manner herein provided.” Utah Code Ann. § 38-1-26 (Lexis 2005); see also Elwell v. Morrow, 28 Utah 278, 78 P. 605 (1904).

The right to perfect a lien is also assignable under section 38-1-26.

Read the full article by clicking here.