2006 Utah Code - 38-1-31 — Building permit -- Construction -- Notice registry -- Notice of commencement of work.

     38-1-31.   Building permit -- Construction -- Notice registry -- Notice of commencement of work.
     (1) (a) (i) For a construction project where a building permit is issued to an original contractor or owner-builder, within 15 days after the issuance of the building permit, the local government entity issuing that building permit shall input the building permit application and transmit the building permit information to the database electronically by way of the Internet or computer modem or by any other means and such information shall form the basis of a notice of commencement.
     (ii) The person to whom a building permit, filed under Subsection (1)(a)(i), is issued is responsible for the accuracy of the information in the building permit.
     (iii) For the purposes of classifying a record under Title 63, Chapter 2, Government Records Access and Management Act, building permit information transmitted from a local governmental entity to the database shall be classified in the database by the division notwithstanding the local governmental entity's classification of the building permit information.
     (b) For a construction project where a building permit is not issued, within 15 days after commencement of physical construction work at the project site, the original contractor or owner-builder may file a notice of commencement with the database.
     (c) An owner of construction or an original contractor may file a notice of commencement with the designated agent within the time prescribed by Subsections (1)(a) and (b).
     (d) (i) If duplicate notices of commencement are filed, they shall be combined into one notice for each project and any notices filed relate back to the date of the earliest-filed notice of commencement for the project.
     (ii) A duplicate notice of commencement that is untimely filed relates back under Subsection (1)(d)(i) if the earlier filed notice of commencement is timely filed.
     (iii) On January 1, 2007 and thereafter, duplicate notices of commencement shall be automatically linked by the designated agent.
     (e) The designated agent shall assign each construction project a unique project number that:
     (i) identifies each construction project; and
     (ii) can be associated with all notices of commencement, preliminary notices, and notices of completion.
     (f) A notice of commencement is effective only as to any labor, service, equipment, and material furnished to the construction project that is furnished subsequent to the filing of the notice of commencement.
     (2) (a) The content of a notice of commencement shall include the following:
     (i) the name and address of the owner of the project;
     (ii) the name and address of the:
     (A) original contractor; and
     (B) surety providing any payment bond for the project, or if none exists, a statement that a payment bond was not required for the work being performed; and
     (iii) (A) the project address if the project can be reasonably identified by an address; or
     (B) the name and general description of the location of the project if the project cannot be reasonably identified by an address.
     (b) A notice of commencement may include:

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     (i) a general description of the project; or
     (ii) the lot or parcel number, and any subdivision, development, or other project name, of the real property upon which the project is to be constructed if the project is subject to mechanics' liens.
     (c) The content of a notice of commencement need not include all of the items listed in Subsection (2)(a) if:
     (i) a building permit is issued for the project; and
     (ii) all items listed in Subsection (2)(a) that are available on the building permit are included in the notice of commencement.
     (3) If a notice of commencement for a construction project is not filed within the time set forth in Subsections 38-1-31(1)(a) and (b), the following do not apply:
     (a) Section 38-1-32; and
     (b) Section 38-1-33.
     (4) (a) Unless a person indicates to the division or designated agent that the person does not wish to receive a notice under this section, electronic notice of the filing of a notice of commencement or alternate notice as prescribed in Subsection (1), shall be provided to:
     (i) all persons who have filed notices of commencement for the project; and
     (ii) all interested persons who have requested such notice for the project.
     (b) (i) A person to whom notice is required under Subsection (4)(a) is responsible for:
     (A) providing an e-mail address, mailing address, or telefax number to which a notice required by Subsection (4)(a) is to be sent; and
     (B) the accuracy of any e-mail address, mailing address, or telefax number to which notice is to be sent.
     (ii) The designated agent fulfills the notice requirement of Subsection (4)(a) when it sends the notice to the e-mail address, mailing address, or telefax number provided to the designated agent whether or not the notice is actually received.
     (5) (a) The burden is upon any person seeking to enforce a notice of commencement to verify the accuracy of information in the notice of commencement and prove that the notice of commencement is filed timely and meets all of the requirements in this section.
     (b) A substantial inaccuracy in a notice of commencement renders the notice of commencement unenforceable.
     (c) A person filing a notice of commencement by alternate filing is responsible for verifying and changing any incorrect information in the notice of commencement before the expiration of the time period during which the notice is required to be filed.
     (6) At the time a building permit is obtained, each original contractor shall conspicuously post at the project site a copy of the building permit obtained for the project.

Amended by Chapter 297, 2006 General Session