R.A. McKell Excavating, Inc. v. Wells Fargo Bank, N.A.

WILKINS, Associate Chief Justice:

¶ 1 Plaintiff R.A. McKell Excavating, Inc. (“McKell”) appeals the district court’s grant of summary judgment to defendant Wells Fargo Bank, N.A. (“Wells Fargo” or the “Bank”). In granting the Bank’s motion, the district court concluded that McKell failed to timely file its mechanic’s lien foreclosure action pursuant to Utah Code section 38 — 1— ll(l)(a). We reverse.

FACTUAL AND PROCEDURAL HISTORY

¶ 2 In January 2000, Carter Construction Development, L.L.C. (“Carter”) hired McKell to perform excavation, grading, surface, and subsurface improvements on a proposed…