Utah Contractor Practice Exam

After filing a mechanics' lien, what should a contractor do next if the owner has not paid for work performed?

1. Record a Notice of Cessation

2. Wait until the County Recorder has recorded the lien and send a copy to the owner

3. Continue working on the job

4. Take the lien to court to obtain a judgment

The correct answer is: Continue working on the job

The most appropriate action after filing a mechanics' lien, especially if the owner has not paid for the work performed, is to take the lien to court to obtain a judgment. This process involves enforcing the lien through legal proceedings, which may ultimately lead to a court ruling in favor of the contractor. By obtaining a judgment, the contractor can establish the amount owed and potentially facilitate collection through various means, such as a court-ordered sale of the property. Continuing to work on the job without further action could complicate the situation, as it might be seen as a waiver of the right to enforce the lien or could lead to further disputes over payment. Additionally, simply waiting for the County Recorder to record the lien does not lead to resolution and does not protect the contractor's interests. Recording a Notice of Cessation is not relevant in this context since it typically signifies the end of work and does not advance the contractor's claim for payment. Thus, pursuing the lien in court is a necessary step if the contractor seeks to secure payment for the outstanding work.