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2011 Utah Code
Title 38 Liens
Chapter 1 Mechanics' Liens
Section 6.7 Notice of preconstruction service lien -- Requirements.

38-1-6.7. Notice of preconstruction service lien -- Requirements.
(1) Within 90 days after completing a preconstruction service for which a claimant is not paid in full, the claimant shall submit for recording with the applicable county recorder a notice of preconstruction service lien.
(2) A claimant who fails to submit a notice of preconstruction service lien as provided in Subsection (1) may not claim a preconstruction service lien.
(3) (a) A notice of preconstruction service lien shall include:
(i) the claimant's name, mailing address, and telephone number;
(ii) a statement that the claimant claims a preconstruction service lien;
(iii) the date the claimant's notice of retention was filed;
(iv) the name of the person who employed the claimant;
(v) a general description of the preconstruction service provided by the claimant;
(vi) the date that the claimant last provided preconstruction service;
(vii) the name, if known, of the reputed owner of the property on which the preconstruction service lien is claimed or, if not known, the name of the record owner of the property;
(viii) a description of the property sufficient for identification;
(ix) the principal amount, excluding interest, costs, and attorney fees, claimed by the claimant;
(x) the claimant's signature or the signature of the claimant's authorized agent;
(xi) an acknowledgment or certificate as required under Title 57, Chapter 3, Recording of Documents; and
(xii) if the lien is against an owner-occupied residence, as defined in Section 38-11-102, a statement meeting the requirements that the Division of Occupational and Professional Licensing has established in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, describing the steps an owner may take to require a claimant to remove the lien as provided in Section 38-11-107.
(b) (i) A claimant who is a general preconstruction contractor may include in a notice of preconstruction service lien 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 preconstruction service lien filed by another claimant is not a substitute for the subcontractor's own submission of a notice of preconstruction service lien.
(4) (a) Within 30 days after a claimant's notice of preconstruction service lien is recorded, the claimant shall send by certified mail a copy of the notice to the reputed or record owner of the real property.
(b) If the record owner's address is not readily available to the claimant, the claimant may mail a copy of the notice to the owner's last-known address as it appears on the last completed assessment roll of the county in which the property is located.
(c) A claimant's failure to mail a copy of the notice as required in this Subsection (4) precludes the claimant from being awarded costs and attorney fees against the reputed or record owner in an action to enforce the lien.
(5) Nothing in this section may be construed to prohibit a claimant from recording a notice of preconstruction service lien before completing the preconstruction service the claimant

contracted to provide.

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