Section 703 – Order of satisfaction if multiple liens on same property.
38-1a-703. Order of satisfaction if multiple liens on same property. If liens are claimed against the same property the decree shall provide for their satisfaction in the following order: (1) subcontractors who are laborers or mechanics working by the day or piece, but who have not furnished materials; (2) all other subcontractors and all materialmen; […]
Section 505 – Materials for a construction project not subject to process — Exception.
38-1a-505. Materials for a construction project not subject to process — Exception. (1) Materials provided for use in a construction project are not subject to attachment, execution, or other legal process to enforce a debt owed by the purchaser of the materials, if the materials are in good faith about to be applied to the […]
Section 506 – Notice of intent to obtain final completion.
Effective 5/4/2022 38-1a-506. Notice of intent to obtain final completion. (1) An owner of a nonresidential construction project that is registered with the registry, or an original contractor of a commercial nonresidential construction project that is registered with the registry under Section 38-1a-501, shall file with the registry a notice of intent to obtain final […]
Section 507 – Notice of completion.
38-1a-507. Notice of completion. (1) (a) Upon final completion of a construction project, a notice of completion may be filed with the registry by: (i) an owner; (ii) an original contractor for construction work; (iii) a lender that has provided financing for the construction project; (iv) a surety that has provided bonding for the construction […]
Section 601 – Notice of construction loan.
38-1a-601. Notice of construction loan. (1) After recording a mortgage or trust deed securing a construction loan on a private project, the construction lender on the loan shall promptly, in conjunction with the closing of the construction loan, file with the registry a notice of construction loan. (2) A notice under Subsection (1) shall accurately […]
Section 602 – Notice concerning construction loan default.
38-1a-602. Notice concerning construction loan default. (1) Within five business days after a notice of default is filed for recording under Section 57-1-24 with respect to a trust deed on the project property securing a construction loan, the construction lender under the loan shall file a notice with the registry. (2) A notice under Subsection […]
Section 603 – Notice of intent to finance.
Effective 1/1/2020 38-1a-603. Notice of intent to finance. (1) An owner may file with the registry a notice of intent to finance. (2) A notice of intent to finance under Subsection (1) shall state: (a) the anticipated date on which financing will occur; (b) the anticipated lender’s name, address, and telephone number; (c) the name […]
Section 604 – Notice of final lien waiver.
Effective 1/1/2020 38-1a-604. Notice of final lien waiver. (1) After a notice of intent to finance is filed under Section 38-1a-603 on a project property, each subcontractor that has filed a preliminary notice pertaining to the project property may file with the registry a final lien waiver. (2) The final lien waiver described in Subsection […]
Section 701 – Action to enforce lien — Time for filing action — Notice of pendency of action — Action involving a residence.
38-1a-701. Action to enforce lien — Time for filing action — Notice of pendency of action — Action involving a residence. (1) As used in this section: (a) “Owner” has the same meaning as defined in Section 38-11-102. (b) “Residence” has the same meaning as defined in Section 38-11-102. (2) In order to enforce a […]
Section 402 – Notice of preconstruction lien — Requirements.
38-1a-402. Notice of preconstruction lien — Requirements. (1) Within 90 days after completing a preconstruction service for which a claimant is not paid in full, a claimant who desires to claim a preconstruction lien shall submit for recording with each applicable county recorder a notice of preconstruction lien. (2) A claimant who fails to submit […]