Legal Opinion · Concurring in part, dissenting in part

Mickelsen v. Craigco, Inc.

Utah Supreme Court

Decided January 11, 1989No. 19945Published

1Concurring in part, dissenting in partHall, Chief Justice

I join the Court in following precedent which interpreted Utah Code Ann. § 38-1-11 as permitting a lien claimant to bring an action within twelve months after the completion of a contract or, alternatively, within twelve months after there has been a suspension of work for a period of thirty days.1 However, I do not join the Court wherein it fails and refuses to follow likewise good precedent which invalidates the notice of a mechanic’s lien which is not verified under oath.

Utah Code Ann. § 38-1-7 (Supp.1981) (amended 1985 and 1987) specifically required that the contents of a mechanic’s lien…

2Cases cited7 opinions

  1. McKnight v. State Land BoardUtah Supreme Court · 1963
  2. Spangler v. District Court of Salt Lake CountyUtah Supreme Court · 1943
  3. First Security Mortgage Co. v. HansenUtah Supreme Court · 1981
  4. Totorica v. ThomasUtah Supreme Court · 1965
  5. Helsten v. SchwendimanUtah Supreme Court · 1983

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