Pentalon Construction, Inc. v. Rymark Properties, LLC

Opinion

VOROS, Judge:

T1 This case concerns whether the near-complete excavation for a building's foundation constitutes commencement of work under a now-repealed provision of the Utah Mechanic's Lien Act (the Act). Under the Act, a mechanic's lien relates back to the date work commenced onsite. Therefore, if other legal requirements are met, the mechanic's lien enjoys priority over any encumbrance that attaches after the commencement of work. In this case, Pentalon Construction, Inc., had nearly completed the excavation for a building's foundation when Barnes Bank-Federal Deposit Insurance…