Section 404 – When preconstruction service considered complete.
38-1a-404. When preconstruction service considered complete. Preconstruction service is considered complete for any project, project phase, or bid package as of the date that construction work for that project, project phase, or bid package, respectively, commences. Enacted by Chapter 278, 2012 General Session
Section 405 – Preconstruction liens on equal footing.
38-1a-405. Preconstruction liens on equal footing. (1) Each preconstruction lien on a project property is on equal footing with every other preconstruction lien on the project property, regardless of: (a) when the claimant submitted the claimant’s notice of preconstruction service for recording; (b) when the claimant submitted the claimant’s notice of preconstruction lien for recording; […]
Section 501 – Preliminary notice.
Effective 5/13/2014 38-1a-501. Preliminary notice. (1) (a) A person who desires to claim a construction lien on real property shall file a preliminary notice with the registry no later than 20 days after the day on which the person commences providing construction work on the real property. (b) Subject to Subsection (1)(c), a preliminary notice […]
Section 502 – Notice of construction lien — Contents — Recording — Service on owner.
38-1a-502. Notice of construction lien — Contents — Recording — Service on owner. (1) (a) A person who desires to claim a construction lien shall submit for recording in the office of each applicable county recorder a notice of construction lien no later than, except as provided in Subsection (1)(b): (i) 180 days after the […]
Section 503 – Relation back and priority of liens.
Effective 5/13/2014 38-1a-503. Relation back and priority of liens. (1) A construction lien relates back to, and takes effect as of, the time of the first preliminary notice filing. (2) (a) Subject to Subsection (2)(b), a construction lien has priority over: (i) any lien, mortgage, or other encumbrance that attaches after the first preliminary notice […]
Section 504 – Construction liens on equal footing.
38-1a-504. Construction liens on equal footing. (1) Construction liens on a project property are on an equal footing with one another, regardless of when the notices of construction lien relating to the construction liens are submitted for recording and regardless of when construction work for which the liens are claimed is provided. (2) Subsection (1) […]
Section 309 – Interest rate — Preconstruction service or construction contract — Lien.
Effective 5/9/2017 38-1a-309. Interest rate — Preconstruction service or construction contract — Lien. (1) Subject to Subsection (2), the interest rate that applies to a lawful contract for preconstruction service or construction work on or for a project property, or to a lien claimed under this chapter against the project property, is, unless otherwise provided […]
Section 401 – Notice of preconstruction service.
38-1a-401. Notice of preconstruction service. (1) (a) A person that desires to claim a preconstruction lien on real property shall file a notice of preconstruction service with the registry no later than 20 days after the person commences providing preconstruction service for the anticipated improvement on the real property. (b) A person that fails to […]
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 […]
Section 210 – Limitation of liability.
38-1a-210. Limitation of liability. (1) The state and the state’s agencies, instrumentalities, political subdivisions, and an employee of a governmental entity are immune from suit for any injury resulting from the registry. (2) The designated agent and its principals, agents, and employees are not liable to any person for the accuracy, coherence, suitability, completeness, or […]