Utah Code 38-1a-502. Notice of construction lien — Contents — Recording

(1)

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Terms Used In Utah Code 38-1a-502

Applicable county recorder: means the office of the recorder of each county in which any part of the property on which a claimant claims or intends to claim a preconstruction or construction lien is located. See Utah Code 38-1a-102
Claimant: means a person entitled to claim a preconstruction or construction lien. See Utah Code 38-1a-102
Construction lien: means a lien under this chapter for construction work. See Utah Code 38-1a-102
Contract: A legal written agreement that becomes binding when signed.
Division: means the Division of Professional Licensing created in Section 58-1-103. See Utah Code 38-1a-102
Final completion: means :

(a)	the date of issuance of a permanent certificate of occupancy by the local government entity having jurisdiction over a construction project, if a permanent certificate of occupancy is required;

(b)	the date of the final inspection of construction work by the local government entity having jurisdiction over a construction project, if an inspection is required under a state-adopted building code applicable to the construction work, but no certificate of occupancy is required;

(c)

unless the owner is holding payment to ensure completion of construction work, the date on which there remains no substantial work to be completed to finish the construction work under the original contract, if a certificate of occupancy is not required and a final inspection is not required under an applicable state-adopted building code; or

(d)

the last date on which substantial work was performed under the original contract, if, because the original contract is terminated before completion of the construction work defined by the original contract, the local government entity having jurisdiction over a construction project does not issue a certificate of occupancy or perform a final inspection. See Utah Code 38-1a-102

Lien: A claim against real or personal property in satisfaction of a debt.

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

Person: means :Utah Code 68-3-12.5

Project property: means the real property interest on or for which preconstruction service or construction work is or will be provided. See Utah Code 38-1a-102

Property: includes both real and personal property. See Utah Code 68-3-12.5

Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5

Subcontractor: means a person that contracts to provide preconstruction service or construction work to:

(a)	a person other than the owner; or

(b)

the owner, if the owner is an owner-builder. See Utah Code 38-1a-102

(a)

A person who desires to claim a construction lien shall submit for recording in the office of each applicable county recorder a notice of construction lien no later than, except as provided in Subsection (1)(b):

(i)	180 days after the date on which final completion of the original contract occurs, if no notice of completion is filed under Section 38-1a-507; or

(ii)	90 days after the date on which a notice of completion is filed under Section 38-1a-507, but not later than 180 days after the date on which final completion of the original contract occurs.

(b)

A subcontractor who provides substantial work after a certificate of occupancy is issued or a required final inspection is completed and desires to claim a construction lien shall submit for recording in the office of each applicable county recorder a notice of construction lien no later than 180 days after final completion of that subcontractor’s work.

(2)

A notice of construction lien shall contain:

(a)	the name of the reputed owner if known or, if not known, the name of the record owner;

(b)	the name of the person by whom the claimant was employed or to whom the claimant provided construction work;

(c)	the time when the claimant first and last provided construction work;

(d)	a description of the project property, sufficient for identification;

(e)	the name, current address, and current phone number of the claimant;

(f)	the amount claimed under the construction lien;

(g)	the signature of the claimant or the claimant’s authorized agent;

(h)	an acknowledgment or certificate as required under Title 57, Chapter 3, Recording of Documents; and

(i)	if the construction lien is on an owner-occupied residence, as defined in Section 38-11-102, a statement describing what steps an owner, as defined in Section 38-11-102, may take to require a lien claimant to remove the lien in accordance with Section 38-11-107.

(3)

(a)

A county recorder:

(i)	shall record each notice of construction lien in an index maintained for that purpose; and

(ii)	need not verify that a valid preliminary notice is filed with respect to the claimed construction lien.

(b)	All persons are considered to have notice of a notice of construction lien from the time it is recorded.

(4)

(a)	Within 30 days after filing a notice of construction lien, the claimant shall deliver or mail by certified mail a copy of the notice to the reputed owner or the record owner.

(b)

If the record owner’s current address is not readily available to the claimant, the claimant may mail a copy of the notice to the last known address of the record owner, using the names and addresses appearing on the last completed real property assessment rolls of the county where the project property is located.

(c)	Failure to deliver or mail the notice of lien to the reputed owner or record owner precludes the claimant from an award of costs and attorney fees against the reputed owner or record owner in an action to enforce the construction lien.

(5)	The division shall make rules governing the form of the statement required under Subsection (2)(i).

Renumbered and Amended by Chapter 278, 2012 General Session

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Utah Code 38-1a-502. Notice of construction lien — Contents — Recording — Service on owner

Terms Used In Utah Code 38-1a-502