RESIDENTIAL PROPERTY DEADLINES: Pre-litigation phase
PRELIMINARY NOTICE (www.scr.utah.gov)* Within the later of: (1) 20 days of your first supply; or (2) 20 days after the filing of anotice of commencement; UNLESS a notice of completion (not commencement) hasbeen filed before supply in which case you should file within 10 days of the date thenotice 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. RECORD NOTICE OF LIEN If NOTICE OF COMPLETION is filed with the SCR, then within 90 days of the filing ofthe NOTICE OF COMPLETION. If no NOTICE OF COMPLETION IS FILED, then within 180 days of: 1) a Certificate ofOccupancy, 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).
COMMERCIAL PROPERTY DEADLINES: Pre-litigation phase
PRELIMINARY NOTICE TO 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. NOTICE TO GOVERNMENT ENTITY FAILING TO REQUIRE PAYMENT BOND Within 90 days of your lastsupply (Public Projects Only) NOTICE TO CONTRACTOR (FEDERAL GOVT. PROJECTS) Within 90 days of your last supply RECORD NOTICE OF LIEN If NOTICE OF COMPLETION (NOC) is filed with the SCR, then within 90 days of the filing of the NOC. If no NOC 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.
LITIGATION PHASE
Consult a lawyer as soon as possible to avoid missing any deadlines for filing a lawsuit or further preserving your claims.
NOTE/DISCLAIMER
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 a lawyer familiar with mechanic’s lien law and payment bond claims in Utah to be advised of whether you may still have rights that can be pursued. This publication is designed to provide general information regarding Utah law that is time-sensitive and that may be changed by legislative enactmentor 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.
