Utah Preliminary Notice
(Pre-Lien Notice / Notice to Owner – Utah Code Ann. § 38-1a-501 et seq.)
[// GUIDANCE: This template is drafted to satisfy Utah’s Construction Lien Act preliminary notice requirements. Practitioners should confirm the filing deadline—generally 20 days after the Claimant first furnishes labor, services, equipment, or materials—and must file through the Utah State Construction Registry (“SCR”). Customize every bracketed field before use.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Continuing Obligations
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
1.1 Title. Preliminary Notice of Lien Rights (“Notice”).
1.2 Effective Date. [EFFECTIVE_DATE].
1.3 Claimant.
(a) Legal Name: [CLAIMANT_NAME]
(b) Mailing Address: [CLAIMANT_ADDRESS]
(c) Phone / Email: [CLAIMANT_CONTACT]
(d) Utah Entity No. (if any): [CLAIMANT_ENTITY_NO]
1.4 Project & Property.
(a) Project Name/Description: [PROJECT_NAME]
(b) Property Address / GPS: [PROPERTY_ADDRESS]
(c) County: [COUNTY_NAME]
(d) Tax Parcel No. (if known): [PARCEL_NO]
1.5 Contracting Chain.
(a) Original/Direct Contractor: [CONTRACTOR_NAME]
(b) Owner of Record: [OWNER_NAME] – Address: [OWNER_ADDRESS]
(c) Construction Lender (if any): [LENDER_NAME_AND_ADDRESS]
1.6 SCR Filing Data.
(a) SCR Entry No.: [SCR_NUMBER]
(b) Date & Time Filed: [SCR_FILE_DATE]
1.7 Statutory Context. This Notice is made pursuant to Utah Code Ann. §§ 38-1a-501 through -503 (the “Act”).
2. DEFINITIONS
“Act” means the Utah Construction Lien Act, Utah Code Ann. § 38-1a-101 et seq.
“Claimant” means the party identified in Section 1.3 asserting potential lien rights.
“Construction Work” means the labor, services, equipment, and/or materials furnished or to be furnished by Claimant to the Project.
“Notice” means this Preliminary Notice of Lien Rights.
“Owner” means the record owner(s) identified in Section 1.5(b).
“SCR” means the Utah State Construction Registry maintained by the Utah Division of Occupational and Professional Licensing.
“Work Commencement Date” means the first date Claimant furnished Construction Work on the Project: [WORK_COMMENCEMENT_DATE].
3. OPERATIVE PROVISIONS
3.1 Notice of Right to Lien. Claimant hereby gives notice that it may claim a construction lien pursuant to the Act for the value of the Construction Work described herein.
3.2 Description of Construction Work. Claimant has furnished or will furnish the following:
[DETAILED_DESCRIPTION_OF_WORK]
3.3 Estimated Amount. The current good-faith estimate of the value of Construction Work furnished and to be furnished by Claimant is $[ESTIMATED_AMOUNT] (exclusive of interest, costs, and attorney fees).
3.4 Timing Compliance. This Notice is being filed within twenty (20) days after the Work Commencement Date (or, if later, Claimant understands and accepts the statutory limitation on lien rights to unpaid contract funds, per Utah Code Ann. § 38-1a-502(3)).
3.5 Statutory Statement to Owner.
THIS IS NOT A LIEN. THIS IS A PRELIMINARY NOTICE OF POSSIBLE FUTURE LIEN CLAIM. PLEASE VISIT https://secure.utah.gov/scr/ FOR INFORMATION. IF YOU HAVE QUESTIONS ABOUT YOUR RIGHTS OR RESPONSIBILITIES, CONSULT AN ATTORNEY.
3.6 Method of Service. Pursuant to Utah Code Ann. § 38-1a-501(1)(b), filing on the SCR constitutes service on all parties who have also filed on the SCR. Additionally, Claimant will serve a copy of this Notice by:
[ ] Certified Mail – Return Receipt Requested
[ ] Personal Delivery
[ ] Electronic Mail (with written acknowledgment)
[ ] Other: [SPECIFY]
and will retain proof of service in its project file.
4. REPRESENTATIONS & WARRANTIES
4.1 Authority. Claimant represents that the undersigned is duly authorized to execute and file this Notice.
4.2 Accuracy. Claimant warrants, to the best of its knowledge after reasonable inquiry, that the information in this Notice is true and correct in all material respects.
4.3 Survival. The representations and warranties in this Section survive filing of the Notice and any subsequent lien enforcement action.
5. COVENANTS & CONTINUING OBLIGATIONS
5.1 Duty to Update. Claimant covenants to file a Supplemental or Amended Notice on the SCR if material information herein becomes inaccurate prior to release of its lien rights.
5.2 Cooperation. Claimant shall reasonably cooperate with Owner and Contractor to reconcile billing records and facilitate timely payment.
6. DEFAULT & REMEDIES
6.1 Events of Default. For purposes of this Notice, default occurs if Claimant is not timely paid for Construction Work in accordance with contractual terms.
6.2 Cure Period. Claimant will provide written demand for payment allowing not less than ten (10) days to cure before recording a lien, unless a shorter period is permitted under the Act.
6.3 Remedies. Upon default, Claimant may:
(a) Record a Notice of Lien under Utah Code Ann. § 38-1a-501;
(b) Commence a civil action to foreclose the lien; and
(c) Seek recovery of interest, costs, and reasonable attorney fees as allowed by law and contract.
7. RISK ALLOCATION
[// GUIDANCE: Utah’s preliminary notice statute does not require indemnification or liability caps. Those concepts are included here solely for defensive drafting if parties wish to incorporate them by reference in other project documents.]
7.1 Limitation of Liability. Claimant’s liability, if any, arising out of this Notice is limited to the lesser of (i) the unpaid value of Construction Work, or (ii) the amount recoverable under Utah Code Ann. § 38-1a-501 et seq.
8. DISPUTE RESOLUTION
8.1 Governing Law. This Notice and any related lien enforcement action shall be governed by the laws of the State of Utah, without regard to its conflict-of-laws principles.
8.2 Forum Selection. Exclusive jurisdiction and venue lie in the state courts of [COUNTY_NAME] County, Utah.
8.3 Injunctive Relief. Nothing herein limits Claimant’s statutory right to record a lien or seek provisional remedies necessary to preserve its security interest.
9. GENERAL PROVISIONS
9.1 Severability. If any provision of this Notice is held invalid or unenforceable, the remaining provisions remain in full force and effect.
9.2 Entire Notice. This document constitutes the complete preliminary notice required by the Act and supersedes all prior oral or written communications regarding the subject matter hereof.
9.3 Amendments. Any amendment must be filed on the SCR and, where required, served on interested parties in accordance with the Act.
9.4 Electronic Signatures. Signatures transmitted in electronic format shall be deemed originals for all purposes.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the undersigned executes this Preliminary Notice effective as of the Effective Date set forth above.
CLAIMANT:
[CLAIMANT_NAME], a [STATE] [ENTITY TYPE]
By: ____
Name: ____
Title: ____
Date: _________
[Optional Notary Acknowledgment – use if Claimant’s internal policy or financing party requires notarization. Utah law does not mandate notarization of the preliminary notice.]
[// GUIDANCE: After execution, (1) create an SCR account if one does not already exist; (2) enter all required data accurately; (3) upload this executed Notice in PDF form; (4) pay the filing fee; and (5) retain the SCR confirmation receipt with the project records. Failure to timely file will limit or forfeit lien rights.]