38-1-33. Notice of completion.
(1) (a) Upon final completion of a construction project:
(i) an owner of a construction project or an original contractor may file a notice of
completion with the database; and
(ii) a lender that has provided financing for the construction project, a surety that has
provided bonding for the construction project, or a title company issuing a title insurance policy
on the construction project, may file a notice of completion.
(b) Notwithstanding Section 38-1-2, if a subcontractor performs substantial work after
the applicable dates established by Subsections (1)(a)(i) and (ii), that subcontractor's subcontract
is considered an original contract for the sole purpose of determining:
(i) the subcontractor's time frame to file a notice to hold and claim a lien under
Subsection 38-1-7(1); and
(ii) the original contractor's time frame to file a notice to hold and claim a lien under
Subsection 38-1-7(1) for that subcontractor's work.
(c) A notice of completion shall include:
(i) the building permit number for the project, or the number assigned to the project by
the designated agent;
(ii) the name, address, and telephone number of the person filing the notice of
completion;
(iii) the name of the original contractor for the project;
(iv) the address of the project or a description of the location of the project;
(v) the date on which final completion is alleged to have occurred; and
(vi) the method used to determine final completion.
(d) For purposes of this section, final completion of the original contract does not occur
if work remains to be completed for which the owner is holding payment to ensure completion of
the work.
(e) (i) Unless a person indicates to the division or designated agent that the person does
not wish to receive a notice under this section, electronic notification of the filing of a notice of
completion or alternate notice as prescribed in Subsection (1)(a), shall be provided to:
(A) each person that filed a notice of commencement for the project;
(B) each person that filed preliminary notice for the project; and
(C) all interested persons who have requested notices concerning the project.
(ii) A person to whom notice is required under this Subsection (1) (e) is responsible for:
(A) providing an e-mail address, mailing address, or telefax number to which a notice
required by this Subsection (1)(e) is to be sent; and
(B) the accuracy of any e-mail address, mailing address, or telefax number to which
notice is to be sent.
(iii) The designated agent fulfills the notice requirement of Subsection (1) (e)(i) when it
sends the notice to the e-mail address, mailing address, or telefax number provided to the
designated agent, whether or not the notice is actually received.
(iv) Upon the filing of a notice of completion, the time periods for filing preliminary
notices stated in Section 38-1-27 are modified such that all preliminary notices shall be filed
subsequent to the notice of completion and within ten days from the day on which the notice of
completion is filed.
(f) A subcontract that is considered an original contract for purposes of this section does
not create a requirement for an additional preliminary notice if a preliminary notice has already
been given for the labor, service, equipment, and material furnished to the subcontractor who
performs substantial work.
(2) (a) If a construction project owner, original contractor, subcontractor, or other
interested person believes that a notice of completion has been filed erroneously, that owner,
original contractor, subcontractor, or other interested person can request from the person who
filed the notice of completion evidence establishing the validity of the notice of completion.
(b) Within ten days after the request described in Subsection (2)(a), the person who filed
the notice of completion shall provide the requesting person proof that the notice of completion
is valid.
(c) If the person that filed the notice of completion does not provide proof of the validity
of the notice of completion, that person shall immediately cancel the notice of completion from
the database in any manner prescribed by the division pursuant to rule.
(3) A person filing a notice of completion by alternate filing is responsible for verifying
and changing any incorrect information in the notice of completion before the expiration of the
time period during which the notice is required to be filed.
Amended by Chapter 332, 2007 General Session
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Last revised: Wednesday, July 23, 2008