Utah Code 38-1a-204. Notification of filings with the registry

(1)

The designated agent shall provide notification of the filing of a required notice relating to an anticipated improvement or construction project to:

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Terms Used In Utah Code 38-1a-204

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

Construction project: means an improvement that is constructed pursuant to an original contract. See Utah Code 38-1a-102

Designated agent: means the third party the division contracts with as provided in Section 38-1a-202 to create and maintain the registry. See Utah Code 38-1a-102

Division: means the Division of Professional Licensing created in Section 58-1-103. See Utah Code 38-1a-102

Improvement: means :

(a)	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

Notice of commencement: means a notice required under Section 38-1b-201 for a government project as defined in Section 38-1b-102. See Utah Code 38-1a-102

Person: means :Utah Code 68-3-12.5

Required notice: means :

(a)	a notice of preconstruction service under Section 38-1a-401;

(b)	a preliminary notice under Section 38-1a-501 or Section 38-1b-202;

(c)	a notice of commencement;

(d)	a notice of construction loan under Section 38-1a-601;

(e)	a notice under Section 38-1a-602 concerning a construction loan default;

(f)	a notice of intent to obtain final completion under Section 38-1a-506; or

(g)	a notice of completion under Section 38-1a-507. See Utah Code 38-1a-102
(a)	the person filing the required notice, unless the person indicates to the division or designated agent that the person does not want to receive notification; and

(b)	each person that requests notification of the filing of a required notice for that anticipated improvement or construction project.

(2)

(a)	A person may request the designated agent to provide the person notification of the filing of a required notice for any anticipated improvement or construction project.

(b)

A person requesting notification under Subsection (2)(a) is responsible:

(i)	to provide an email address, mailing address, or telefax number to which notification may be sent; and

(ii)	for the accuracy of the email address, mailing address, or telefax number.

(c)

A person is considered to have requested notification under Subsection (2)(a) if the person files, with respect to the same anticipated improvement or construction project that relates to the required notice that is the subject of the notification:

(i)	a notice of preconstruction service;

(ii)	a notice of commencement;

(iii)

a preliminary notice;

(iv)	a notice of construction loan; or

(v)	a notice of completion.

(3)	The designated agent fulfills the notification requirement under Subsection (1) by sending the notification to the email address, mailing address, or telefax number that the person provides to the designated agent, whether or not the person actually receives the notification.

Amended by Chapter 464, 2013 General Session

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