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Terms Used In Utah Code 38-1a-401
Alternate means: means a method of filing a legible and complete notice or other document with the registry other than electronically, as established by the division by rule. See Utah Code 38-1a-102
Anticipated improvement: means an improvement:
(a)
for which preconstruction service is performed; and
(b)
that is anticipated to follow the performing of preconstruction service. See Utah Code 38-1a-102
Claimant: means a person entitled to claim a preconstruction or construction lien. See Utah Code 38-1a-102
Contract: A legal written agreement that becomes binding when signed.
Entry number: means the reference number that:
(a)
the designated agent assigns to each notice or other document filed with the registry; and
a building, infrastructure, utility, or other human-made structure or object constructed on or for and affixed to real property; or
(b)
a repair, modification, or alteration of a building, infrastructure, utility, or object referred to in Subsection (21)(a). See Utah Code 38-1a-102
Lien: A claim against real or personal property in satisfaction of a debt.
Original contractor: means a person, including an owner-builder, that contracts with an owner to provide preconstruction service or construction work. See Utah Code 38-1a-102
Owner: means a person who possesses an interest in a project property and contracts with an original contractor for preconstruction service or construction work. See Utah Code 38-1a-102
is a subcontractor under contract to provide preconstruction service or construction work; and
(b)
contracts with one or more other subcontractors for the other subcontractor or subcontractors to provide preconstruction service or construction work that the person is under contract to provide. See Utah Code 38-1a-102
(a)
A person that desires to claim a preconstruction lien on real property shall file a notice of preconstruction service with the registry no later than 20 days after the person commences providing preconstruction service for the anticipated improvement on the real property.
(b)
A person that fails to file a timely notice of preconstruction service as required in this section may not claim a valid preconstruction lien.
(c)
A timely filed notice of preconstruction service is effective as to each preconstruction service that the person filing the notice provides for the anticipated improvement under a single original contract, including preconstruction service that the person provides to more than one supervising subcontractor under that original contract.
(d)
A notice of preconstruction service filed for preconstruction service provided or to be provided under an original contract for an anticipated improvement on real property is not valid for preconstruction service provided or to be provided under a separate original contract for an anticipated improvement on the same real property.
(e)
A notice of preconstruction service that is timely filed with the database with respect to an anticipated improvement is considered to have been filed at the same time as the earliest timely filed notice of preconstruction service for that anticipated improvement.
(f)
A notice of preconstruction service shall include:
(i)
the name, address, telephone number, and email address of the person providing the preconstruction service;
(ii)
the name, address, telephone number, and email address of the person that employed the person providing the preconstruction service;
(iii)
a general description of the preconstruction service the person provided or will provide;
(iv)
the name of the record or reputed owner;
(v)
the name of the county in which the property on which the anticipated improvement will occur is located;
(vi)
(A)
the tax parcel identification number of each parcel included in that property; or
(B)
the entry number of a previously filed notice of preconstruction service that includes the tax parcel identification number of each parcel included in that property; and
(vii)
a statement that the person filing the notice intends to claim a preconstruction lien if the person is not paid for the preconstruction service the person provides.
(g)
(i)
A claimant who is an original contractor or a supervisory subcontractor may include in a notice of preconstruction service the name, address, and telephone number of each subcontractor who is under contract with the claimant to provide preconstruction service that the claimant is under contract to provide.
(ii)
The inclusion of a subcontractor in a notice of preconstruction service filed by another claimant is not a substitute for the subcontractor’s own submission of a notice of preconstruction service.
(2)
The burden is on the person filing the notice of preconstruction service to prove that the person has substantially complied with the requirements of this section.
(3)
(a)
Subject to Subsection (3)(b), a person required by this section to file a notice of preconstruction service is required to give only one notice for each anticipated improvement.
(b)
A person that provides preconstruction service under more than one original contract for the same anticipated improvement and desires to claim a preconstruction lien for preconstruction service provided under each original contract shall file a separate notice of preconstruction service for preconstruction service provided under each original contract.
(4)
A person filing a notice of preconstruction service by alternate means is responsible for verifying and changing any incorrect information in the notice of preconstruction service before the expiration of the period during which the notice is required to be filed.
