About Utah Preliminary Notices
Utah has a unique mechanics lien scheme, and accordingly, a unique preliminary notice scheme. In Utah liens are segmented into “pre-construction liens” and “construction liens.” Both types of potential lien require preliminary notice. Utah is also one of the states, along with Iowa, Pennsylvania, and North Carolina (kind of) that has an electronic state notice repository through which notice should or must be filed.
In Utah, a preliminary notice – whether for reconstruction services or construction services – must be filed in the State Construction Registry.
All project participants providing pre-construction work, and who may be entitled to file a preconstruction lien, must 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. A failure to provide this notice renders the participant unable to file a valid and enforceable pre-construction lien.
With respect to construction liens, all project participants are required to send a preliminary notice prior to any valid lien claim. This notice should generally be given within 20 days of first furnishing labor and/or materials to a construction project, and filed via the State Construction Registry (SCR), but if given late may still be effective to protect some amount of the labor or material provided. The deadline related to a preliminary notice filed pursuant to construction work can be confusing. While, as noted above, the general deadline is 20 days after first furnishing labor or materials to the project, if a Notice of Completion has been filed, then the preliminary notice is required to be filed with the registry within 10 days after that Notice of Completion has been filed (even if that is less than 20 days after the noticing party’s first furnishing). If the notice is filed late, lien rights will begin 5 days after to the date preliminary notice is sent.