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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 written request which you serve on the person required to pay you for your work on a construction project, which seeks assurance that such person possesses or has access to enough money to pay you for all approved work on a construction project40.
40 UTAH CODE ANN. § 38-1-40(4)(a)
Any person who filed a Preliminary Notice and a Good Faith Estimate in response to a Notice of Intent to File a Notice of Completion41.
41 UTAH CODE ANN. § 38-1-40(4)(a)
Within ten (10) days after filing the Good Faith Estimate in the SCR42.
Figure 16 Deadline to file Good Faith Estimate
42 UTAH CODE ANN. § 38-1-40(4)(a)
You serve the Request for Adequate Assurance on the person you have a direct contract with43.
43 UTAH CODE ANN. § 38-1-40(4)(a)
Hand delivery, certified mail, or direct service by a sheriff or constable44.
44 UTAH CODE ANN. § 38-1-40(4)(c)
It allows you to receive assurance from the person who hired you that they have sufficient funds to pay you for the approved work you have performed on the construction project, and if no such assurance is received, you are entitled to pursue a legal action to receive such assurance and have the Court require that adequate security to pay such amount is posted45.
45 UTAH CODE ANN. § 38-1-40
No46.
46 UTAH CODE ANN. § 38-1-40(4)
Yes, you can file a lawsuit against the person you served with the request, and compel them to respond. As part of the lawsuit, if they cannot show that they have adequate finding to pay you, you can have the court enter an order requiring them to obtain such funding47.
47 UTAH CODE ANN. § 38-1-40(5)