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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 payment bond is an insurance policy purchased by the original contractor25. If a subcontractor or supplier is not paid, a claim can be made against the policy for payment26.
25 UTAH CODE ANN. §§ 63-56-38(1) & 14-2-1(2)
26 UTAH CODE ANN. §§ 63-56-38(4) & 14-2-1(4)
Generally, any person who could file a lien on a private project may make a bond claim on a public project27.
27 Trench Shoring Services v. Saratoga Springs Development, LLC, (Utah Ct. App. 2002)
Utah does not have a specific requirement the information to include in a bond claim. However, if there is no bond, then a claim can be made against the city, county, school district, etc... that contracted for construction and there is a specific procedure for giving the public entity notice. Moreover, several payment bonds contain specific notice requirements. To be safe and consistent, a Notice of Claim should be sent that complies with Utah's public failure to post a bond requirements and the Miller Act (Federal Payment Bond Act). The Notice of Claim should include:
- The name, address, and phone number of the claimant
- The name of the project
- The location of the project
- The name of the debtor
- The amount owed
- Date labor or materials were last furnished
- A request for a copy of the bond28
28 UTAH CODE ANN. § 14-1-19
The Notice of Claim should be sent within ninety days after last furnishing labor or material29.
Figure 12 Deadline for Bond Claim on Public Project
How
The notice must be sent by registered or certified mail, postage prepaid, return receipt requested30.
Who
A certified version should go to the original contractor and the public entity31. Copies of the notice should go by first class mail to all contractors and suppliers between the claimant and the original contractor.
29 UTAH CODE ANN. § 14-1-19
30 UTAH CODE ANN. § 14-1-19
31 UTAH CODE ANN. § 14-1-19
If you are not paid within ninety (90) days after last furnishing labor or material32, you must file an action (lawsuit), within one (1) year after last furnishing labor or material33.
Figure 13 Deadline to file lawsuit for Public Bond Claim
32 UTAH CODE ANN. § 63-56-38(4)b)
33 UTAH CODE ANN. §§ 63-56-38(5) & 14-1-19