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"Bonds" Posts

Montana Construction Payment Bond Law & Deadlines

In Montana, a preliminary notice for bond rights is required to be sent to the general contractor within 30 days of your first date of work. 
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Idaho Construction Payment Bond Law & Deadlines

In Idaho, first and second tier subcontractors are entitled to make payment bond claims on public projects.  Idaho does not have any requirement for a preliminary notice or other notice to owner at the start of the job to the owner or the general contractor, but it is wise to send such a notice if you are not working for the general contractor.  However, Idaho restricts payment bond rights to only first and second tier subcontractors. 
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Wyoming Bond Claims

For Subcontractors and Suppliers who may find themselves needing to file Bond Claims in Wyoming, the rules are a little different, but the general procedure is the same.  Wyoming does not have a specific deadline for making the claim, however, just like in Utah and other states the deadline for filing a lawsuit is one year after your last work.  Typically, Payment Bonds have certain procedural requirements listed within them and most of those Bonds require Bond Claims to be filed within 90 after your last work.  Thus, the best policy to have for Wyoming Bond Claims is that you make a claim against the Bond by sending a certified letter to the General Contractor within 90 days of your last work and also a copy to the Bonding Company.  Then you track one year from your last date of work and if you haven’t been paid within that time proceed with litigation.

Lien and Bond Amendments for the 2013 Legislative Session

On Wednesday, August 16, 2012, the Interim Business and Labor Committee asked for comments and information about the implementation of the State Construction Registry amendment which went into effect on August 1, 2011.  The following is a list of information which was given to the Legislature by the Utah construction Suppliers Association. 
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New Change in Legislation

There was a new change in 2012 State Legislation Session that involved Labor Service Companies.  
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Utah Mechanic's Lien Law

Utah’s Mechanic’s Lien law has been now changed to Utah Preconstruction and Construction Lien law.  LienCounsel’s owner and president, Dana T. Farmer, is the Utah Mechanics Lien lawyer and is very familiar with Utah Lien Law and Utah Bond Law.  He is also well versed in Utah Construction Bond Law and has litigated numerous Utah bond law cases and Utah lien law cases.  Utah lien law is frequently changing and the legislature is regularly changing requirements for Utah preliens, Utah lien rights, Utah lien deadlines, Utah Preliminary Notice and other Utah construction notice requirements.  While there are many construction lawyers in the state of Utah, Smith Knowles, P.C. has several of Utah’s best construction lawyers and LienCounsel’s owner, Dana T. Farmer is an experienced construction lawyer and is a trusted source for information of how to file a mechanic’s lien in Utah, how to file a construction liens in Utah, how to file Utah bond claims, and other Utah construction defect cases and Utah construction delay cases.

Release & Refiling of the Preliminary Notice

If you file a Preliminary Notice before the lender records the mortgage for the construction loan the lender can buy its way ahead of your lien by paying you for work you did before the construction loan was recorded.  Once you are paid, you must release and re-file your Preliminary Notice.  You must re-file Preliminary Notice no later than twenty (20) after the construction loan was recorded. 
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Utah Retention Laws

1. Utah retention rules only apply to non-residential projects. 
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Bonding Private Property

What private projects are required to be bonded? 
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Preliminary Notices Required on All Projects

We recently became aware of a misconception that some subcontractors and suppliers have about the requirement to file a Preliminary Notice in the State Construction Registry.  Some people beleive that if there is no Notice of Commencement or Preliminary Notice filed in the State Construction Registry, then they have no obligation to file a Preliminary Notice.  This is incorrect.  For privately owned projects, where construction commences after August 1, 2011, all general contractors, subcontractors, and suppliers have an obligation to file a Preliminary Notice within 20 days of their first date of work.  The only time a Preliminary Notice is conditional, is for public projects where the General Contractor is still required to file a Notice of Commencement.  If the general does not file a Notice of Commencement, then no Preliminary Notice is required.  But in order to have lien rights, Preliminary Notices are required on ALL projects. 

Utah Progress Lien Waivers

What is a Progress Waiver?
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Payment Bond Claims

What is a payment bond? 
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