Liens
Mechanics' Liens
Section 5
Relation back and priority of liens.
     38-1-5.   Relation back and priority of liens.
     (1) As used in this section:
     (a) "First preliminary notice filing" means the filing of a preliminary notice that is:
     (i) the earliest preliminary notice filed on a private project, as defined in Section 38-1-27;
     (ii) filed on or after August 1, 2011;
     (iii) not filed on a project that, according to the law in effect before August 1, 2011, commenced before August 1, 2011;
     (iv) not canceled under Subsection 38-1-32(6); and
     (v) not withdrawn under Subsection 38-1-32(8).
     (b) "Project property" means the real property on which an improvement is being constructed or made.
     (2) A construction service lien relates back to, and takes effect as of, the time of the first preliminary notice filing.
     (3) (a) Subject to Subsection (3)(b), a construction service lien has priority over:
     (i) any lien, mortgage, or other encumbrance that attaches after the first preliminary notice filing; and
     (ii) any lien, mortgage, or other encumbrance of which the lien holder had no notice and which was unrecorded at the time of the first preliminary notice filing.
     (b) A recorded mortgage or trust deed of a construction lender has priority over each construction service lien of a claimant who files a preliminary notice in accordance with Section 38-1-32 before the mortgage or trust deed is recorded if the claimant:
     (i) accepts payment in full for construction service that the claimant furnishes to the project before the mortgage or trust deed is recorded; and
     (ii) withdraws the claimant's preliminary notice by filing a notice of withdrawal under Subsection 38-1-32(8).

Amended by Chapter 299, 2011 General Session, (Coordination Clause)
Amended by Chapter 299, 2011 General Session
Amended by Chapter 339, 2011 General Session
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