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Summary of Rules and Deadlines
- SCR
- Lien
- Payment Bonds
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Notice of Retention Rules
- What is a Notice of Retention?
- What are Preconstruction Services
- Who must file a Notice of Retention?
- What information must a Notice of Retention include?
- When must a Notice of Retention be filed?
- What happens if a Notice of Retention is not filed?
- Is a Notice of Retention required for private and public construction projects?
- Does more than one Notice of Retention have to be filed for each project?
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Preliminary Notice Rules
- What is a Preliminary Notice?
- Who must file a Preliminary Notice?
- What information must a Preliminary Notice include?
- When must a Preliminary Notice be filed?
- What happens if a Preliminary Notice is not filed?
- Is a Preliminary Notice required for private and public construction projects?
- Does more than one Preliminary Notice have to be filed for each project?
- Good Faith Estimate of Completion
- Notice of Commencement Rules
- Notice of Completion Rules
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Notice of Intention to File a Notice of Completion
- What is a Notice of Intention to File a Notice of Completion?
- When is a Notice of Intention to File a Notice of Completion filed?
- Who can file a Notice of Intention to File a Notice of Completion?
- What is the effect of filing a Notice of Intention to File a Notice of Completion?
- Must a Notice of Intention to File a Notice of Completion be filed for all construction projects?
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Liens
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Construction Service Lien
- What is a Construction Service Lien?
- Who may record a Construction Service Lien?
- What information must the Construction Service Lien contain?
- When must the Construction Service Lien be recorded?
- Where is the Construction Service Lien Recorded?
- Does a copy of the lien have to be to sent to anyone?
- May a single Construction Service Lien be used to lien more than one piece of property?
- Am I entitled to recover attorney fees or costs for preparing and recording a lien?
- After a Construction Service Lien is recorded, must any further action be taken to collect?
- After I have been paid do I have to release my lien?
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Preconstruction Service Lien
- What is a Preconstruction Service Lien?
- Who may record a Preconstruction Service Lien?
- What information must the Preconstruction Service Lien Contain?
- When must the Preconstruction Service Lien be recorded?
- Where is the Preconstruction Service Lien recorded?
- Does a copy of the lien have to be sent to anyone?
- May a single Preconstruction Service Lien be used to lien more than one piece of property?
- Am I entitled to recover attorney fees or costs for preparing and recording a lien?
- After a Preconstruction Service Lien is recorded, must any further action be taken to collect?
- After I am paid do I have to release my lien?
- Lien Waivers
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Construction Service Lien
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Payment Bond Claims
- Public Property
- Private Property
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Request for Adequate Assurance
- What is a Request for Adequate Assurance
- Who may make a Request for Adequate Assurance?
- When must a Request for Adequate Assurance be served
- Who receives the Request for Adequate Assurance?
- How is the Request for Adequate Assurance Served?
- What is the effect of serving a Request for Adequate Assurance?
- Is there a deadline to respond to a Request for Adequate Assurance?
- If I do not receive a response to my Request for Adequate Assurance, can I do anything about it?
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)
The municipality authorizing the building permit, original contractor, or the owner11.
11 UTAH CODE ANN. § 38-1-31(1)(c)
- The name, address, and phone number of the original contractor and surety, if any
- The name & address of the owner
- The address of the project, if any, or a general description of the location
- The general description of the project
- Whether a bond has been posted
- The parcel number if the project is subject to mechanics liens
- A legal description of the property if the project is subject to mechanics liens12
12 UTAH CODE ANN. § 38-1-31(2)
The Notice of Commencement is due within the latter of 15 days from commencement of onsite construction:
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.
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)
All subcontractors and suppliers retain lien rights without the need to first file a Preliminary Notice14.
14 UTAH CODE ANN. § 38-1-31(3)