LearningCenter

Call (855) 797-2295

 

Idaho  |  Utah  |  Wyoming

Ask Us Questions

We'd Love To Help


 
 
What is a Notice of Commencement?

A Notice of Commencement is information9, which, when filed in the State Construction Registry, limits lien and bond rights to: the original contractor; and only subcontractors or suppliers who file a Preliminary Notice10.

9   UTAH CODE ANN. § 38-1-31

10   UTAH CODE ANN. § 38-1-32(1)(c)


Who can file a Notice of Commencement?

The municipality authorizing the building permit, original contractor, or the owner11.

11   UTAH CODE ANN. § 38-1-31(1)(c)


What information must a Notice of Commencement contain?
  1. The name, address, and phone number of the original contractor and surety, if any
  2. The name & address of the owner
  3. The address of the project, if any, or a general description of the location
  4. The general description of the project
  5. Whether a bond has been posted
  6. The parcel number if the project is subject to mechanics liens
  7. A legal description of the property if the project is subject to mechanics liens12

12   UTAH CODE ANN. § 38-1-31(2)


When must a Notice of Commencement be filed?

The Notice of Commencement is due within the latter of 15 days from commencement of onsite construction:

Notice of Commencement Timeline

Figure 4 Notice of Commencement Deadline, permit issued before construction begins

Here onsite construction begins on September 13, which is twelve days after the permit was issued. Since construction started after the permit was issued, the Notice of Commencement is due within 15 days after commencement of construction, which is September 28

or within fifteen days after issuance of the permit13.

Notice of Commencement Timeline

Figure 5 Notice of Commencement Deadline, permit issued after construction begins

In this example the permit is issued after construction begins, so the Notice of Commencement is due within fifteen days after the July 8, which is July 23.

13   UTAH CODE ANN. § 38-1-31(1)(b)


What is the effect of failing to file the Notice of Commencement?

All subcontractors and suppliers retain lien rights without the need to first file a Preliminary Notice14.

14   UTAH CODE ANN. § 38-1-31(3)


 
 

Call
(855) 797-2295

Send Us an Email