Understanding Utah's Preconstruction and Construction Lien Laws- Part 3
Posted on Sep. 4, 2012

In 2005, the Utah legislature created the State Construction Registry.  This registry is designed to provide a central repository for notices filed in connection with all construction projects in Utah.  Primary filing and access to the registry as well as notification to interested persons is done electronically.  The filing requirements have changed over the years, with the changes in 2011 being significant.

Preconstruction service providers, such as architects and engineers, must file a notice of retention on the State Construction Registry within twenty days of starting its services. This notifies all interested parties of a service provider’s involvement with the applicable property. Information that must be included in a notice of retention includes identifying information of the preconstruction service provider and the person it contracted with, a general description of the services, the project owner, and information defining the project.  An untimely filing results in a complete loss of preconstruction service lien rights. Multiple notices of retention may be required in some instances. Only one notice of retention is required if the provider works under one contract for a project. However, if the provider works under more than one contract, separate notices of retention are required for services performed under each contract, even if the services are performed on the same property.


Construction service providers must file a preliminary notice on the State Construction Registry.  Like a notice of retention, a preliminary notice provides notice of involvement with a particular property. Also like a notice of retention, a preliminary notice must include identifying information about the provider and the property, a description of services, and the other contracting party. A preliminary notice must be filed within twenty days of when a construction service provider starts its work. Unlike a notice of retention, an untimely preliminary notice is not entirely fatal. An untimely preliminary notice allows a person to claim a construction lien for work performed five days after the preliminary notice is filed.

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About Adam

Adam
Attorney Adam T. Mow

Adam is a trusted resource for architects, engineers and other members of the construction industry in litigation, risk management, contract negotiations and mechanics’ liens. Adam is also a licensed architect and a past president of the Utah chapter of the American Institute of Architects. He has been elected by his peers to the Utah Legal Elite since 2009.

Awards and Recognition

AV Rating

Excellence in the Study of Architecture, American Institute of Architects Certificate of Merit, 1999

CALI Award for Excellence in Mediation and Advanced Negotiation, 2003

Community Mediator of the Year, Utah Dispute Resolution, 2007

Graduate of the Last Decade, Ball State University, 2008

Utah Business Magazine, Legal Elite, 2009-Present

Mountain States Rising Stars (Construction Litigation), 2009-Present