2011 Utah Code
Title 38 Liens
Chapter 1 Mechanics' Liens
Section 30.5 Notice of retention.

38-1-30.5. Notice of retention.
(1) (a) A person who, under Section 38-1-3, is entitled to a preconstruction service lien on real property under this chapter shall file a notice of retention with the database no later than 20 days after the person commences performing preconstruction service for the anticipated improvement on the real property.
(b) A person who fails to file a timely notice of retention as required in this section may not hold a valid preconstruction service lien under this chapter.
(c) A timely filed notice of retention is effective as to each preconstruction service that the person filing the notice performs for the anticipated improvement under an original contract, including preconstruction service that the person performs for more than one general preconstruction contractor under the same original contract.
(d) A notice of retention filed for preconstruction service performed or to be performed under an original contract for an anticipated improvement on real property is not valid for preconstruction service performed or to be performed under a separate original contract for an anticipated improvement on the same real property.
(e) A notice of retention that is timely filed with the database with respect to an anticipated improvement is considered to have been filed at the same time as the earliest timely filed preliminary notice for that anticipated improvement.
(f) A notice of retention shall include:
(i) the name, address, telephone number, and email address of the person performing the preconstruction service;
(ii) the name, address, telephone number, and email address of the person who employed the person performing the preconstruction service;
(iii) a general description of the preconstruction service the person provided or will provide;
(iv) the name of the record or reputed owner of the property for which the preconstruction service is or will be provided;
(v) the name of the county in which the property on which the anticipated improvement will occur is located;
(vi) (A) the tax parcel identification number of each parcel included in that property; or
(B) the entry number of a previously filed notice of retention that includes the tax parcel identification number of each parcel included in that property; and
(vii) a statement that the person filing the notice intends to hold and claim a preconstruction service lien if the person is not paid for the preconstruction service the person performs.
(g) (i) A claimant who is a general preconstruction contractor may include in a notice of retention the name, address, and telephone number of each subcontractor who is under contract with the claimant to provide preconstruction service that the claimant is under contract to provide.
(ii) The inclusion of a subcontractor in a notice of retention filed by another claimant is not a substitute for the subcontractor's own submission of a notice of retention.
(2) (a) Unless a person indicates to the division or designated agent that the person does not wish to receive a notice under this section, the designated agent shall provide electronic notification of the filing of a notice of retention or alternate filing to:
(i) the person filing the notice of retention; and

(ii) each person who has requested a notice concerning the anticipated improvement.
(b) A person to whom notice is required to be provided under Subsection (2)(a) is responsible to provide an email address, mailing address, or telefax number to which notice may be sent and for the accuracy of the email address, mailing address, or telefax number.
(c) The designated agent fulfills the notice requirement of Subsection (2)(a) by sending the notice to the email address, mailing address, or telefax number provided to the designated agent, whether or not the notice is actually received.
(3) The burden is on the person filing the notice of retention to prove that the person has substantially complied with the requirements of this section.
(4) (a) Subject to Subsection (4)(b), a person required by this section to file a notice of retention is required to give only one notice for each anticipated improvement.
(b) If a person performs preconstruction service under more than one original contract, the person shall file a notice of retention for preconstruction service performed under each original contract.
(5) (a) An owner of property that is the subject of an anticipated improvement, an original contractor, a subcontractor, or another interested person who believes that a notice of retention has been erroneously filed may request from the person who filed the notice evidence establishing the validity of the notice of retention.
(b) Within 10 days after a request under Subsection (5)(a), the person who filed the notice of retention shall provide the requesting person proof that the notice of retention is valid.
(c) If the person who filed the notice of retention does not provide timely proof of the validity of the notice of retention, that person shall immediately cancel the notice of retention from the database in the manner prescribed by the division by rule.
(6) A person filing a notice of retention by alternate filing is responsible for verifying and changing any incorrect information in the notice of retention before the expiration of the period during which the notice is required to be filed.