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Utah Code
Title 38
Liens
Chapter 1
Mechanics' Liens
Section 33
Notice of completion.
     38-1-33.   Notice of completion.
     (1) (a) Upon final completion of a construction project, and in accordance with Section 38-1-40, the following with a construction project registered with the database may file a notice of completion with the database:
     (i) an owner of the construction project;
     (ii) an original contractor for construction service;
     (iii) a lender that has provided financing for the construction project;
     (iv) a surety that has provided bonding for the construction project; or
     (v) a title company issuing a title insurance policy on the construction project.
     (b) Notwithstanding Section 38-1-2, if a subcontractor for construction service performs substantial work after the applicable dates established by Subsection (1)(a), that subcontractor's subcontract is considered an original contract for construction service 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 name, address, telephone number, and email address of the person filing the notice of completion;
     (ii) the name of the county in which the project property is located;
     (iii) for a private project:
     (A) the tax parcel identification number of each parcel included in the project property;
     (B) the entry number of a preliminary notice on the same project that includes the tax parcel identification number of each parcel included in the project property; or
     (C) the entry number of the building permit issued for the project;
     (iv) for a government project, the government project-identifying information;
     (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 filing 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 email 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 email 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 email 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 a preliminary notice stated in Section 38-1-32 or 38-1-32.5 are modified such that all preliminary notices shall be filed subsequent to the notice of completion and within 10 days from the day on which the notice of completion is filed.
     (f) A subcontract that is considered an original contract for construction service 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, or subcontractor for construction service, 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 10 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 299, 2011 General Session
Amended by Chapter 299, 2011 General Session, (Coordination Clause)
Amended by Chapter 339, 2011 General Session
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