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2011 Utah Code
Title 38 Liens
Chapter 1 Mechanics' Liens
Section 4.7 Preconstruction service lien -- Priority.

38-1-4.7. Preconstruction service lien -- Priority.
(1) Except as otherwise provided in this chapter, a preconstruction service lien:
(a) relates back to and takes effect as of the time a notice of retention under Section 38-1-30.5 is filed; and
(b) has priority over:
(i) any lien, mortgage, or other encumbrance that attaches after the notice of retention is filed; and
(ii) any lien, mortgage, or other encumbrance of which the claimant had no notice and that was unrecorded at the time the notice of retention is filed.
(2) A preconstruction service lien is subordinate to an interest securing a bona fide loan if and to the extent that the lien covers preconstruction service provided after the interest securing a bona fide loan is recorded.
(3) Preconstruction service is considered complete for any project, project phase, or bid package as of the date that construction service for that project, project phase, or bid package, respectively, commences.

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