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Utah Construction Lien Laws: 2013 Construction Legislation

Currently, there are a handful of bills being considered by the Utah Legislature which affect the construction industry.  The first is House Bill 277 Building Code Amendments which is adoption of the 2012 International Building, Plumbing and other codes.  This bill is based upon recommendations to the international building codes by the Utah building code commission and was approved by the interim business and labor committee during the interim session. 
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Utah Lien Laws: Utah State Construction Registry (SCR) Programming Changes

On Wednesday, January 9, 2013 I met with Tom Harper the Director of the Utah State Construction Registry at DOPL, and with Ray Walker to discuss the programming changes for parcel numbers in the SCR.  The purpose of the discussion was to understand the reasons why Utah Interactive changed the SCR website to require that tax property ID numbers be put in according to a specific format.  Based upon the information in that conversation, it appears that there have been concerns about the quality of parcel number information coming into the State Construction Registry and in order to try and facilitate more accurate searching and more accurate input of the numbers, DOPL and Utah Interactive decided to require formatting according to fixed formats from the various counties.  As a result of these changes, parcel numbers must follow the formatting requirements which the counties provided to DOPL and Utah Interactive. 
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Utah Lien Law: Legislation for 2013

In January, the Utah Legislature will convene and there will be work done on State Construction Registry Rules and other lien law.  Some of the issues will be deciding whether or not an owner has the responsibility to post parcel information at the job site in a conspicuous location so that contractors and material suppliers would be able to have information directly at the job site to use to identify the project in the state construction registry. 
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Leverich Group Newsletter for Novemebr 13th

Check out the Leverich Group's newest newsletter at http://www.bizactions.com/n.cfm/page/e116/key/215442669G2734J5587135/.  There is a lot of great information in the newsletter on: 
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Leverich Group Newsletter for October 17

Check out the Leverich Group's newest newsletter at http://www.bizactions.com/n.cfm/page/e116/key/213075841G2734J5587135/. 
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Montana Construction Lien Law: Notice of Right to Claim Lien

In Montana, suppliers and subcontractors are required to record a Notice of Right to Claim Lien for construction projects involving four-plexes, tri-plexes, duplexes, and single family dwellings.  Although a Notice of Right to Claim Lien is not required for other types of construction projects, it is advisable for Subcontractors and Suppliers to record a Notice of Right to Claim Lien on any privately owned construction project in Montana. 
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Problems With Continuing Education

On Monday, September 24th, 2012, the Utah Division of Occupational and Professional Licensing filed a notice of agency action against a company called PELLCO CEU, which is an out of state continuing education provider.   PELLCO CEU has sent packets of material to several contractors in the state, including plumbers, electricians, and others, claiming that completion of the courses will allow the individual notice, PELLCO CEU filed inaccurate information with the division and made unsubstantiated claims in its materials.  Therefore, DOPL is seeking to rescind the approval for the continuing education classes and rescind PELLCO CEU’s authority to be able to offer continuing education within the state.
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Properly Notarizing Liens in Idaho

Recently, in the matter of First Federal Savings Bank of Twin Falls v. Riedesel Engineering, Inc., the Idaho Supreme Court invalidated a Lien which failed to include an adequate verification.  
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Filing Proofs of Claim in Bankruptcy

Filing Proofs of Claim in Bankruptcy
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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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Social Media: LinkedIn, Facebook, Twitter

As many of our Lien Counsel customers know, we have spent a great deal of time adding content to the website which includes expanding the information available on our social media sites.  Now, in addition to our regular blog posts, we will also be providing information about Lien filings throughout the state every week on Tuesdays.  The filing information will be on a landing page on the Lien Counsel website and links to that landing page will be available on our LinkedIn, Facebook, and Twitter feeds.  Additionally, once a month we will be including information about contractor discipline handed down by the Division of Occupational and Professional Licensing.  The purpose of this information is to help suppliers be able to know whether any of their customers have had their licenses revoked, placed on probation, or have had other adverse impact from DOPL.  If you follow these links on a regular basis, it will help you to stay tuned on troubled projects throughout the state and also troubled contractors.

Mechanics Lien Rights During Bankruptcy

When Bankruptcies are filed construction Creditors are often faced with difficult decisions about money they are owed and how to protect their rights.  The use of mechanics liens even when a Bankruptcy exists, or immediately prior to a Bankruptcy can be substantial to Creditors.
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Leverich Group July 2012 Newsletter

The Leverich Group, a CPA and Management Consultant firm, puts out a monthly newsletter with some great information.  In the July Newsletter, there are articles about: 
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