When does the 20-day preliminary notice for a subcontractor providing materials to a project begin? Upon drawing work or on the date the materials were actually delivered to the site?
3 replies
May 16, 2020
From your question, it looks like you are referring to the requirement to file a preliminary notice under Utah Code 38-1a-501(1)(a) (quoted below). That section requires the notice to be filed within "20 days after a person commences providing construction work." The term "construction work" is defined (see below) and provides some guidance. However, the term "commences providing construction work" is not expressly defined by the statute, which means it is subject to interpretation and argument based on the particular circumstances of the case. You should discuss with an attorney to evaluate the potential and likely interpretations in your particular circumstance.
Utah Code 38-1a-501
(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.
Utah Code 38-1a-102
(11) "Construction work":
(a) means labor, service, material, or equipment provided for the purpose and during the process of constructing, altering, or repairing an improvement; and
(b) includes scheduling, estimating, staking, supervising, managing, materials testing, inspection, observation, and quality control or assurance involved in constructing, altering, or repairing an improvement.
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May 18, 2020
As mentioned by Mark previously, you will need to discuss the specifics of your situation with a lawyer in order to get a more precise answer to your question. However, bear in mind that the statute says that for "Construction Work" the preliminary notice should be filed within "20 days after the day on which the person COMMENCES PROVIDING CONSTRUCTION WORK ON THE REAL PROPERTY."
For preconstruction services however, the statute requires that the a notice be provided "no later than 20 days after the person commences providing preconstruction service for the anticipated improvement on the real property." Utah Code 38-1a-401.
Preconstruction services are defined as follows:
Utah Code 38-1a-102(29)
"Preconstruction service":
(a) means to plan or design, or to assist in the planning or design of, an improvement or a proposed improvement:
(i) before construction of the improvement commences; and
(ii) for compensation separate from any compensation paid or to be paid for construction work for the improvement; and
(b) includes consulting, conducting a site investigation or assessment, programming, preconstruction cost or quantity estimating, preconstruction scheduling, performing a preconstruction construction feasibility review, procuring construction services, and preparing a study, report, rendering, model, boundary or topographic survey, plat, map, design, plan, drawing, specification, or contract document.
I would get the advice you feel like you need and then get your construction or preconstruction lien filed. Construction Lien filing in Utah
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May 19, 2020
The 20 day deadline for filing a preliminary notice starts to run on the date you first provide equipment, labor, or materials to the project.
If you file the notice beyond the 20 day deadline, it can still become effective to secure your lien rights for work done five days or more after the preliminary notice was filed, but it would not secure your lien rights for work done before then.