Utah Code 38-1a-507. Notice of completion

(1)

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Terms Used In Utah Code 38-1a-507

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

(a)	the designated agent assigns to each notice or other document filed with the registry; and

(b)

is unique for each notice or other document. 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

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

Person: means :Utah Code 68-3-12.5

Private project: means a construction project that is not a government project. See Utah Code 38-1a-102

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

Registry: means the State Construction Registry under 2. See Utah Code 38-1a-102

(a)

Upon final completion of a construction project, a notice of completion may be filed with the registry by:

(i)

an owner;

(ii)	an original contractor for construction work;

(iii)

a lender that has provided financing for the construction project;

(iv)	a surety that has provided bonding for the construction project; or

(v)	a title company issuing a title insurance policy on the construction project.

(b)

A notice of completion shall include:

(i)	the name, address, telephone number, and email address of the person filing the notice of completion;

(ii)	the name of the county in which the project property is located;

(iii)

for a private project:

(A)	the tax parcel identification number of each parcel included in the project property;

(B)	the entry number of a preliminary notice on the same project that includes the tax parcel identification number of each parcel included in the project property; or

(C)	the entry number of the building permit issued for the project;

(iv)	for a government project, the government project-identifying information;

(v)	the date on which final completion is alleged to have occurred; and

(vi)	the method used to determine final completion.

(2)	A person filing a notice of completion by alternate means is responsible for verifying and changing any incorrect information in the notice of completion before the expiration of the time period during which the notice is required to be filed.

Renumbered and Amended by Chapter 278, 2012 General Session

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