UTAH CONSTRUCTION CLAIM TIMELINES (Effective 12/1/08)
DEADLINES: PRE-LITIGATION PHASE
ACTIVITY
|
RESIDENTIAL PROPERTY
(Effective November 1, 2005)
|
COMMERCIAL PROPERTY
(Effective May 1, 2005)
|
Preliminary Notice to State
Construction Notice
Registry
(www.scr.utah.gov)*
|
Within the later of: (1) 20 days of your first supply; or (2) 20 days after the filing of a
notice of commencement; UNLESS a notice of completion (not commencement) has
been filed before supply in which case you should file within 10 days of the date the
notice of completion is filed. Not required if notice of commencement is not timely filed,
or if notice of commencement is filed more than 15 days after first supply.
|
Pre-Lien
|
Not Required
|
Mail notice to govt entity
that failed to bond
|
N/A
|
Within 90 days of your last
supply (Public Projects Only)
|
Mail notice to Contractor (Federal Govt. Projects-Miller Act)
| N/A
| Within 90 days of your last
supply (Federal Govt. Projects Only)
|
Record Notice of Lien
|
If NOTICE OF COMPLETION is filed with the SCR, then within 90 days of the filing of
the NOTICE OF COMPLETION.
If no NOTICE OF COMPLETION IS FILED, then within 180 days of: 1) a Certificate of
Occupancy, or if one is not required, then; 2) a Final Inspection, or if one is not required,
then; 3) the date no substantial work remains to be completed. (see U.C.§38-1-7).
|
* For projects on which building permits were issued prior to the effective date, the old deadlines apply–for questions
contact an attorney.
DEADLINES: LITIGATION PHASE
ACTIVITY
|
RESIDENTIAL PROPERTY *
|
COMMERCIAL PROPERTY
|
File Lawsuit
|
Within the earlier of a) 180 days from the
date your lien was recorded; or b) 270 days
from final completion of the project
|
Within the earlier of (a) 180 days from
the date your lien was recorded; or b) 1
year of last supply (for bond or failure to
bond claims)
|
Record Lis Pendens with
County Recorder
|
180 days from lien recording
|
Release Lien and Lis
Pendens
|
Single Family/Duplex– Within the earlier of:
a) 10 days of payment; or b) 15 days after
the owner mails a Certif. of Compliance from
DOPL
|
Within 10 days of
payment.
|
* “Residential” for purpose of the Lien Recovery Fund is single family residence or multi-family up to Duplex.
“Residential” for purpose of Bond or Failure to Bond claims is single family residence or multi-family up to Fourplex.
NOTE: In the event that you miss any of the deadlines above, you may still have claims that survive and are not barred. You
should contact an attorney to be advised of whether you may still have rights that can be pursued.
DEADLINES: LIEN RECOVERY FUND CLAIMS (Single Family/Duplex)
ACTIVITY
|
DEADLINE
|
File claim with Recovery
Fund
|
1 year from the earlier of: a) judgment, or b) debtor’s bankruptcy
|
© 2008 Olsen, Skoubye & Nielson, LLC
All
rights reserved. This publication is designed to provide general
information that is time-sensitive and that may be changed by
legislative enactment
or judicial decision. It should not be used as a substitute for
professional services. If legal or other professional advice is
required, the services of a
professional should be sought. Persons using the document should verify
the deadlines have not been modified and that they apply to their
specific
situation. This document was last updated on Dec. 1, 2008.
Prepared by Conrad H. Johansen, attorney with OSN
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