Preliminary Notice and “Remaining to Complete” Forms (sub or supplier)

Free!

Product Description

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. These forms are filled-out free online and so there is no need to buy them on this website. Note, the preliminary notice does not become official until you register and make payment under the system.  Although you are encouraged to file your preliminary notice early (in fact many people file it right after the contract is signed), filing late is better than no filing at all. In fact, the Registry states: “If  a Notice of Completion is filed for the job, all remaining preliminary notices must be filed within 10 days after the completion is filed.” 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. On private non-bonded jobs over $500,000 in value, an “Intend to Complete” is filed by the general contractor. After it is filed, anyone who has filed a preliminary notice must file a “Remaining to Complete” notice with the Registry within 20 days. This form will indicate that you have been unpaid for your services, if applicable.  

Comments

comments