Preliminary Notice, Intent to Complete, and Notice of Completion (general)

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Filing Requirements of the State Construction Registry This state has a new filing system for notices of commencement and preliminary notices that must be followed. In most states, pre-lien construction notices are served by certified mail and usually not filed with the court or recorder’s office. In this state, such notices are filed electronically with a new central repository system which allows filing, access, and tracking online. Please go to www.scr.utah.gov and review the SCR Guide and video for more details. Under the old law, only second tier sub-subcontractors (having a contract with another subcontractor) and suppliers having a contract with another subcontractor were required to serve the preliminary notice. Now, all subcontractors and suppliers, first tier and below, must serve the notice. There has also been a big change as to when the notice must be filed. Previously, it was served within 45 days of the subcontractor first starting work. Now it is within 20 days. And under the old law, such a notice was only required on commercial property. Now it is required on both residential and commercial projects. On the other hand, mechanic’s liens are not covered under this system and are still filed manually with the county recorder. Likewise, lien waivers and releases are outside this system and are either served or recorded manually as before. General Contractors. Previous law required a general contractor to file a notice of commencement in the recorder’s office within fifteen days of the start of the project. It contained such information as the name and address of the general contractor, owner, and surety or bonding company. In turn, this was used by subcontractors and suppliers in filling out their preliminary notices. Under the new law, this is not required for private projects–only for government jobs. Under the new law, general contractors are now required to file with the registry a Preliminary Notice within 20 days of starting work. General contractors may file a form with a Registry called “Intent to Complete” at least 45 days before the project is able to be completed. After filing it, anyone who has filed a preliminary notice must file a “Remaining to Complete” notice stating they have been not been paid. This applies only to non-bonded private jobs over $500,000. General contractors are also required to file a Notice of Completion with the Registry after the final inspection, certificate of occupancy, or all substantial work is complete. This is an important notice because it requires all remaining subs to file their preliminary notices and file a lien within 90 days (not 180 days) of the Notice of Completion.  

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