2007 Issue

www.utahengineerscouncil.org 14 I F THE PARTY WITHHOLDING PAYMENT DOES NOT TENDER PAYMENT TO SAT- ISFY THE MECHANIC’S LIEN, THE PARTY SEEKING PAYMENT MAY FILE A LAWSUIT to ultimately foreclose on and sell the prop- erty. Proceeds of the sale may be used to satisfy the debt. The mechanic’s lien is an encumbrance against the title to real property, which serves as security for the debt incurred. The encumbrance will transfer to new owners of the property following a sale unless the debt is satisfied or the lien is otherwise removed. Mechanic’s liens are recorded with the county recorder for the county in which the property Mechanic’s Liens for Engineers By Adam T. Mow, AIA, Esq. A mechanic’s lien is a statutory device designed to help certain people collect money due to them for making improvements to real property. If an owner, contractor, or design professional fails to pay a person with whom it has contracted for the improvements made, the unpaid party can file a mechanic’s lien on the improved property for the amount owed and attempt to collect the monies due against that property.