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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 Preconstruction Service Lien is a document recorded with the county recorder to give notice to the property owner that a lien for Preconstruction Services has been filed against their property.
Any person who furnishes Preconstruction Services. Preconstruction services means:
- to plan or design, or to assist in the planning or design of, an improvement or a proposed improvement before construction of the improvement commences; and
- for compensation separate from any compensation paid or to be paid for construction service for the improvement; and includes
- consulting,
- conducting a site investigation or assessment,
- programming,
- preconstruction cost or quantity estimating,
- preconstruction scheduling, performing a preconstruction construction feasibility review,
- procuring construction services, and
- preparing a
- study,
- report,
- rendering,
- model,
- boundary or
- topographic survey,
- plat,
- map,
- design,
- plan,
- drawing,
- specification, or
- contract document.
The Preconstruction Service Lien must include the following information:
- your name, mailing address, and telephone number
- a statement that you claims a preconstruction service lien
- the date your Notice of Retention was filed
- the name of the person who employed you
- a general description of the preconstruction service you provided
- the date that you last provided preconstruction service
- the name, if known, of the reputed owner of the property on which the preconstruction service lien is claimed or, if not known, the name of the record owner of the property
- a description of the property sufficient for identification
- the principal amount, excluding interest, costs, and attorney fees, claimed by the claimant
- your signature or the signature of your authorized agent
- an acknowledgment or certificate as required under Title 57, Chapter 3, Recording of Documents; and
- if the lien is against an owner-occupied residence, as defined in Section 38-11-102 , a statement meeting the requirements that the Division of Occupational and Professional Licensing has established in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, describing the steps an owner may take to require a claimant to remove the lien as provided in Section 38-11-107
- If you are a general preconstruction contractor you may include in a notice of preconstruction service lien
- the name, address, and telephone number of each subcontractor who is under contract with you to provide preconstruction service which you are under contract to provide.
- The inclusion of a subcontractor in a notice of preconstruction service lien filed by another claimant is not a substitute for the subcontractor's own submission of a notice of preconstruction service lien
Within 90 days after you last furnish Preconstruction Services,
The lien must be recorded in the office of the country recorder in the county where the property is located.
Yes. A copy of the lien must be sent to the record owner within thirty (30) days after it is recorded.
Where
The Preconstruction Service Lien is properly sent if is mailed to the address where tax notices for the liened property are sent.
How
The Preconstruction Service Lien must be sent by certified mail, postage prepaid.
Yes, if the parcels are commonly owned and if the lien states the amount owed for each parcel.
Yes.
Yes, within one hundred and eighty (180) days after the lien is recorded, the lien must be enforced by filing a lawsuit foreclosing the lien.
Yes. If you record a lien and are later paid, any person with an interest in the property you liened can ask that the lien be released and if you do not do so within ten (10) days, you are liable for a penalty $100.00 per day or actual damages, which ever is greater.