2006 Utah Code - 38-1-7 — Notice of claim -- Contents -- Recording -- Service on owner of property.

     38-1-7.   Notice of claim -- Contents -- Recording -- Service on owner of property.
     (1) (a) (i) Except as modified in Section 38-1-27, a person claiming benefits under this chapter shall file for record with the county recorder of the county in which the property, or some part of the property, is situated, a written notice to hold and claim a lien within 90 days after the date of final completion of the original contract under which the claimant claims a lien under this chapter.
     (ii) For purposes of this Subsection (1), final completion of the original contract means:
     (A) if as a result of work performed under the original contract a permanent certificate of occupancy is required for the work, the date of issuance of a permanent certificate of occupancy by the local government entity having jurisdiction over the construction project;
     (B) if no certificate of occupancy is required by the local government entity having jurisdiction over the construction project, but as a result of the work performed under the original contract an inspection is required as per state-adopted building codes for the work, the date of the final inspection for the work by the local government entity having jurisdiction over the construction project; or
     (C) if with regard to work performed under the original contract no certificate of occupancy and no final inspection are required as per state-adopted building codes by the local government entity having jurisdiction over the construction project, the date on which there remains no substantial work to be completed to finish the work on the original contract.
     (b) Notwithstanding Section 38-1-2, where a subcontractor performs substantial work after the applicable dates established by Subsections (1)(a)(ii)(A) and (B), that subcontractor's subcontract shall be considered an original contract for the sole purpose of determining:
     (i) the subcontractor's time frame to file a notice of intent to hold and claim a lien under this Subsection (1); and
     (ii) the original contractor's time frame to file a notice of intent to hold and claim a lien under Subsection (1) for that subcontractor's work.
     (c) For purposes of this section, the term "substantial work" does not include:
     (i) repair work; or
     (ii) warranty work.
     (d) Notwithstanding Subsection (1)(a)(ii), final completion of the original contract does not occur if work remains to be completed for which the owner is holding payment to ensure completion of that work.
     (2) (a) The notice required by Subsection (1) shall contain a statement setting forth:
     (i) the name of the reputed owner if known or, if not known, the name of the record owner;
     (ii) the name of the person:
     (A) by whom the lien claimant was employed; or
     (B) to whom the lien claimant furnished the equipment or material;
     (iii) the time when:
     (A) the first and last labor or service was performed; or
     (B) the first and last equipment or material was furnished;
     (iv) a description of the property, sufficient for identification;
     (v) the name, current address, and current phone number of the lien claimant;
     (vi) the amount of the lien claim;
     (vii) the signature of the lien claimant or the lien claimant's authorized agent;

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     (viii) an acknowledgment or certificate as required under Title 57, Chapter 3, Recording of Documents; and
     (ix) if the 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.
     (b) Substantial compliance with the requirements of this chapter is sufficient to hold and claim a lien.
     (3) (a) Within 30 days after filing the notice of lien, the lien claimant shall deliver or mail by certified mail a copy of the notice of lien to:
     (i) the reputed owner of the real property; or
     (ii) the record owner of the real property.
     (b) If the record owner's current address is not readily available to the lien claimant, the copy of the claim may be mailed 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 affected property is located.
     (c) Failure to deliver or mail the notice of lien to the reputed owner or record owner precludes the lien claimant from an award of costs and attorneys' fees against the reputed owner or record owner in an action to enforce the lien.
     (4) The Division of Occupational and Professional Licensing shall make rules governing the form of the statement required under Subsection (2)(a)(ix).

Amended by Chapter 205, 2006 General Session
Amended by Chapter 297, 2006 General Session