Contractors and suppliers in Utah are required to use the state’s construction registry to manage their lien rights. All notices and documents related to payment and construction liens are filed through the registry. It provides a central location for owners, lenders, designers, contractors, and suppliers to access notices and see who’s on a specific project.
State law requires all contractors and suppliers to send preliminary notices in Utah within 20 days of beginning work on a project. If the notice is late, it’s only effective from five days after filing. Liens must be filed within 180 days after completion unless a notice of completion is filed — then the deadline is shortened to 90 days. Lien foreclosure must be filed within 180 days after the lien is filed.
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What is Utah’s Construction Registry?
Utah’s State Construction Registry (SCR) is a database of notices related to construction projects in Utah. All construction notices are required to be filed within the system.
The system allows owners, contractors, suppliers, designers, and lenders to search for and track the notices on a project. Companies can also sign up to receive notifications of notices on specific projects.
SCR quick links
- Search for a notice
- Track notices on a project
- Guide for contractors
- Guide for subs & suppliers
- Guide for architects
- View all guides
Note: If you can’t find a notice in an SCR search, it doesn’t always mean that the document wasn’t filed correctly. Even if a contractor puts the wrong information in a field, the document may still meet the statutory requirements.
Utah’s SCR is a great communication tool that helps solve the problem of contractors and suppliers not getting paid. The State Construction Registry has not only improved visibility into the payment chain on projects in the state, but saved construction businesses millions of dollars in mailing costs.
The state has put together a short video to explain the system and show how it works:
Notices filed with Utah’s State Construction Registry
All of the notices filed by contractors, suppliers, designers, and lenders are filed through the SCR system. Here’s the notices that can be sent.
Notice of commencement
A notice of commencement is sent for government projects only and must be filed within 15 days of starting work. If this notice is not filed or is late, subcontractors and suppliers don’t have to send a preliminary notice to make payment bond claims.
A preliminary notice is required for prime contractors to keep their lien rights, and it must be filed within 20 days of starting work. If a notice is late, it’s only effective from five days after filing.
Contractors and suppliers are required to file a preliminary notice on public and private projects to maintain their lien rights in Utah. Note: On a public project, the GC files a notice of commencement, not a preliminary notice.
Notice of preconstruction services
Architects, engineers, and other design professionals have their own type of lien in the state of Utah. However, they are required to file a notice of preconstruction services within 20 days after beginning design work to maintain that right.
Notice of construction loan
Banks and lenders submit this form after recording the mortgage or trust deed securing a construction loan on a private project.
Intent to complete
An intent to complete form is optional and may be filed by the general contractor on non-bonded jobs over $500,000. It must be filed at least 45 days before completion and forces anyone who filed a preliminary notice on the project to file the remaining to complete the form.
Remaining to complete
This form must be filed within 20 days after the intent to complete is filed and must be completed by every contractor and supplier who filed a preliminary notice. It informs everyone if the subcontractor or supplier has been paid yet.
Notice of completion
A notice of completion is filed by the general contractor after final inspections, a certificate of occupancy is issued, or all substantial work is complete. It shortens the lien filing deadline from 180 days after completion to 90 days.
How to file a preliminary notice with the Utah SCR
Utah’s SCR makes filing a preliminary notice in the state fairly easy. After the general contractor files the original preliminary notice, all other notices will be associated with the same project, and filers will be notified of any future documents filed on the project that may affect their lien rights or responsibilities.
Before you can file a document, you’ll need to create an account with Utah.gov. You have three choices when filing a preliminary notice:
1. Copy an existing preliminary notice
Make a copy from the original preliminary notice filed by the GC. This will ensure that your notice is associated with the project correctly, and the appropriate parties are notified. To find the original notice, search the SCR with any information you have, such as the project address, name of the general contractor/owner, or SCR Entry Number (ask the person who hired you for this number). When you locate a notice associated with the project, click on “Create a new copy.”
2. Scan the jobsite QR code
After the GC files the original preliminary notice, the SCR generates a QR code to be posted on the jobsite. You can scan the QR code with your smartphone to generate a copy of the preliminary notice associated with the project.
3. Create a new preliminary notice
Unless you are the prime contractor on the project, creating a preliminary notice from scratch through the SCR is difficult.
Filing a notice offline
You can also file a preliminary notice offline if you can’t access the system for some reason. Start by downloading the preliminary notice form or notice of preconstruction services form.
Deliver the completed form to SCR by fax (801-983-0282), or you can mail it to:
Utah Interactive, LLC
136 East South Temple, Suite 1150
Salt Lake City, UT 84111
Utah’s State Construction Registry makes managing lien rights and notices easier
Utah’s State Construction Registry one-stop shop format makes managing lien rights and notices easier for everyone. All parties on a project can quickly see who’s providing services and materials and who filed notices to protect their lien rights. This is a good thing, and more states should follow Utah’s lead.