(1)  A contesting person who believes that a contestable notice lacks proper basis and is therefore invalid may request from the person who filed the notice evidence establishing the validity of the notice.

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Terms Used In Utah Code 38-1a-307

  • Contestable notice: means a notice of preconstruction service under Section 38-1a-401, a preliminary notice under Section 38-1a-501, or a notice of completion under Section 38-1a-506. See Utah Code 38-1a-102
  • Contesting person: means an owner, original contractor, subcontractor, or other interested person. 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
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Person: means :Utah Code 68-3-12.5
  • Registry: means the State Construction Registry under 2. See Utah Code 38-1a-102
(2)  Within 10 days after receiving a request under Subsection (1), the person who filed the contestable notice shall provide the requesting person evidence that the notice is valid.

(3)  If the person who filed the notice does not provide timely evidence of the validity of the contestable notice, the person who filed the notice shall immediately cancel the notice from the registry in the manner prescribed by the division by rule.

Enacted by Chapter 278, 2012 General Session