Utah Preliminary Notice Guide and FAQs

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Utah Preliminary Notice FAQs

About Utah Preliminary Notice

Utah Preliminary Notice Rules
At a Glance


  • Private Jobs
  • Public Jobs
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Preliminary Notices Are Required

For pre-construction liens: All parties providing pre-construction services must file a Notice of Pre-construction Services. For construction liens: All parties are required to send a preliminary notice within 20 days of first furnishing labor or materials to the project (or within 10 days of a filed notice of completion, if earlier).


20
DAYS
GCs Must Send Notice

Preliminary notice must be filed within 20 days from commencement of work or delivery of materials for both pre-construciton and construction preliminary notices. Construction preliminary notice can never be filed more than 10 days after a filed notice of completion.


20
DAYS
Subcontractors Must Send Notice

Preliminary notice must be filed within 20 days from commencement of work or delivery of materials for both pre-construciton and construction preliminary notices. Construction preliminary notice can never be filed more than 10 days after a filed notice of completion.


20
DAYS
Suppliers Must Send Notice

Preliminary notice must be filed within 20 days from commencement of work or delivery of materials for both pre-construciton and construction preliminary notices. Construction preliminary notice can never be filed more than 10 days after a filed notice of completion.


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Notice Can (Sometimes) be Sent Late

A pre-construction preliminary notice can not be sent late, if the 20-day deadline s missed the participant may not claim a pre-construction lien.

A construction preliminary notice may be filed after the 20-day deadline, but is only effective beginning 5 days after the preliminary notice is filed. Note, however that it can never be filed more than 10 days after a notice of completion is filed.


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File With SCR

Preliminary notices in Utah must be filed with the State Construction Registry "SCR"

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Preliminary Notice Is Generally Required

Utah generally requires that project participants on public projects provide preliminary notice to retain the right to make a claim against the payment bond provided for the project. Notice s not strictly required if a Notice of Commencement is not filed, however.


15
DAYS
GCs Must File Notice of Commencement

While GCs do not have the ability to make a claim against their own payment bond, they still have "preliminary notice" requirements in Utah. GCs are required to file a notice of commencement within 15 days from the beginning of the project. Failure to do so negates the preliminary notice requirement for all sub-tier parties.


20
DAYS
Subs Must Send Notice

Preliminary notice must be filed by the later of either 1) 20 days after the claimant’s first furnishing labor and/or materials to the project, or 2) 20 days after the Notice of Commencement is filed if the claimant began furnishing labor and/or materials prior to the Notice of Commencement being filed. If Notice of Commencement is not filed, or is filed later than 15 days after the claimant first furnishes labor and/or materials to the project, no preliminary notice is specifically required.


20
DAYS
Suppliers Must Send Notice

Preliminary notice must be filed by the later of either 1) 20 days after the claimant’s first furnishing labor and/or materials to the project, or 2) 20 days after the Notice of Commencement is filed if the claimant began furnishing labor and/or materials prior to the Notice of Commencement being filed. If Notice of Commencement is not filed, or is filed later than 15 days after the claimant first furnishes labor and/or materials to the project, no preliminary notice is specifically required.


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Notice Can be Sent Late

If notice is sent after the 20-day deadline the notice is only effective beginning 5 days after the notice is provided.


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File With SCR

Preliminary notices in Utah must be filed with the State Construction Registry "SCR"

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.

Preliminary Notice Frequently Asked Questions

If you're sending preliminary notices in Utah, it's important to know the requirements and get all the details right. Since prelims are subject to a lot of complex rules and requirements, and the only way to effectively provide the notice in Utah is through an electronic registry, this can be difficult, tedious, and confusing. Here are some frequently asked questions (and their answers) about the Utah preliminary notice process.

Prelim FAQs on Private Projects

Do I Need to Send a Utah Preliminary Notice?

Yes.

For Pre-Construction Liens:  All parties providing pre-construction services must file a Notice of Retention.

For Construction Liens: All parties 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).

When do I Need to Send a Utah Preliminary Notice?

For Pre-Construction Liens: Preliminary notice (Notice of Retention) must be filed no later than 20 days after the party commences preconstruction services.

 

For Construction Liens: Preliminary notice must be filed within 20 days from the date of the claimant’s first furnishing of labor and/or materials to the project. However, in no case is a preliminary notice effective if filed more than 10 days after the filing of a Notice of Completion.

What if I Send the Utah Preliminary Notice Late?

For Pre-Construction Liens: The failure to timely file a preliminary notice is fatal to any pre-construction lien claim.

 

For Construction Liens: The failure of a party to timely file the preliminary notice is not necessarily fatal to the lien claim. However, a party who files a late preliminary notice may not claim a lien for any work done prior to 5 days after the date on which the preliminary notice is filed. Thus, if the preliminary notice was filed on June 5, (more than 20 days after the claimant’s first furnishing) that claimant only has lien rights for work performed after June 10. Note, however, that a preliminary notice filed more than 10 days after a Notice of Completion is filed is completely without effect.

How Should the Utah Preliminary Notice be Sent?

Preliminary notice by all potential lien claimants must be filed in the State Construction Registry.

Do I Have to Send the Utah Preliminary Notice to Someone Other than the Owner?

Preliminary notice by all potential lien claimants must only be filed in the State Construction Registry – that provides the required notice to all parties.

Is the Utah Preliminary Notice Requirement met when sent or delivered?

In Utah, preliminary notice is considered delivered when filed in the State Construction Registry.

WHAT IS THE SCR?

If you’re working on construction projects in Utah, you should be familiar with the State Construction Registry (SCR). You can find it here: http://scr.utah.gov.

This is a statewide database of construction projects in the state. You can get information on construction projects where you’re performing work, see who else is working on the project, and file certain notices.

Prelim FAQs on Public Projects

Do I Need to Send a Utah Preliminary Notice?

It depends. In Utah, preliminary notice is generally required to preserve a claimant’s right to make a bond claim unless 1) the claimant is a laborer; 2) the Notice of Commencement is not filed, or is filed later than 15 days after the claimant first furnishes labor and/or materials to the project. It is likely advisable to send preliminary notice on all projects, however.

There is no specific statutory provision requiring preliminary notice prior to making a claim for payment directly against the public entity, however, it may be best practice to provide notice anyway to alert the public entity of the intent to claim payment.

When do I Need to Send a Utah Preliminary Notice?

Bond Claim: Preliminary notice must be filed by the later of either 1) 20 days after the claimant’s first furnishing labor and/or materials to the project, or 2) 20 days after the Notice of Commencement is filed if the claimant began furnishing labor and/or materials prior to the Notice of Commencement being filed. If Notice of Commencement is not filed, or is filed later than 15 days after the claimant first furnishes labor and/or materials to the project, no preliminary notice is specifically required.

Claim Against the Public Entity: No specific requirements, but it may be best practice to follow the above requirements, if notice is given.

What if I Send the Utah Preliminary Notice Late?

If the preliminary notice is not sent within the above time period, it is effective starting 5 days after the notice is given.

How Should the Utah Preliminary Notice be Sent?

The preliminary notice may be filed electronically through the Utah State Construction Registry.

To Whom Must the Utah Preliminary Notice be Given?

Bond Claim: In Utah, preliminary notice should be given to the designated agent of the construction notice registry.

Claim Against Public Entity: No specific requirements, but it may be advisable to provide notice to the public entity, and if possible, to the construction registry.

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