"Uncategorized" Posts

FREE LIVE Webinars

Don't miss out on LienCounsel's weekly webinars.  There are various topics being taught, including:
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What is a Preconstruction Service Lien

The Preconstruction Service Lien is the document recorded with the county recorder to give notice to the property owner that a lien has been filed against their property.  A Preconstruction Service Lien is a Lien for preconstruction services, which are actual services performed before construction begins. 
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UPDATED: New SCR will be avaiable when HB260 goes in to effect on Aug. 1, 2011

Utah Interactive, the company which hosts and programs the State Construction Registry (SCR), will not have the SCR re-programmed as required by HB 260 on August 1, 2011. The new SCR laws in HB 260 go into effect on Aug 1, but no one will be comply if the SCR is not re-programmed and functioning on August 1, 2011.
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Void Prospective Lien Waivers

Last week I had a client send me an Unconditional Lien Waiver from a local builder which required my client to unconditionally waive all current and future lien rights for several projects located throughout the Wasatch Front. This lien waiver was considered to be mandatory for the client to do any work or deliver any materials to any of the projects. The client asked: "Can they do this?" The short answer is that they can make you sign whatever they want, but if you sign this document it is not enforceable, and here's why:
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HB 260 Passes

HB260 passed last night with support from each of the various inductry groups. That does not mean everyone or anyone likes the bill.
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HB 260 violates the Utah Constitution Part 2

The other constitutional issue also deals with uniform operation of law and arises from the new section 38-1-30.5, lines 333 to 343 of the current amended bill.
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HB 260: Send it to Interim

There have been several meetings on this bill over the last two weeks, the bill has been re-written, and is being re-written again, today, and this re-write will not be the last. The current re-write is to try and put language on ideas being disucssed in the meetings so the disucssions can advance beyond ideas an into specifics. Since the stakes are high on all sides of this bill--and there are more than two sides, the best thing to do is put togerher a working draft now and send it to interim so it can be worked on then without the pressure of trying to get it done by March 10.

Preliminary Notice

Many States require contractors and/or suppliers to let owners know thay are working on a project. Some States require that these notices be mailed, others have filing systems.
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Utah Retainage Law

I recently had a client ask whether a general contractor can hold retainage. My answer is: No
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Utah Lien Recovery Fund Seminar

On November 8, 2010 I am doing a seminar on the Lien Recovery Fund in Salt Lake for the National Association of Credit Management ("NACM").
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