Hutter v. Dig-It, Inc.

INTRODUCTION

DURRANT, Associate Chief Justice:

11 This case arises out of a dispute over the enforceability of a mechanic's lien recorded by Dig-It, Inc., against property owned by Tim and Tamara Hutter. It calls for us to consider (1) the requirements for filing a notice of commencement under the 2006 version of section 38-1-31 of the Utah Code and (2) whether an unenforceable mechanic's lien is a wrongful lien subject to nullification under Utah's Wrongful Lien Injunction Act. 1

¶ 2 We affirm the district court's determination that, because Dig-It failed to file a preliminary notice, Dig-It's…