| (1) |
| (a) |
A person who desires to claim a construction lien on real property shall file a preliminary notice with the registry no later than 20 days after the day on which the person commences providing construction work on the real property. |
| (b) |
Subject to Subsection (1)(c), a preliminary notice is effective as to all construction work that the person filing the notice provides to the construction project under a single original contract, including construction work that the person provides to more than one supervisory subcontractor under that original contract. |
| (c) |
| (i) |
A person who desires to claim a construction lien on real property but fails to file a timely preliminary notice within the period specified in Subsection (1)(a) may, subject to Subsection (1)(d), file a preliminary notice with the registry after the period specified in Subsection (1)(a). |
| (ii) |
A person who files a preliminary notice under Subsection (1)(c)(i) may not claim a construction lien for construction work the person provides to the construction project before the date that is five days after the preliminary notice is filed. |
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| (d) |
Notwithstanding Subsections (1)(a) and (c), a preliminary notice has no effect if it is filed more than 10 days after the filing of a notice of completion under Section 38-1a-507 for the construction project for which the preliminary notice is filed. |
| (e) |
A person who fails to file a preliminary notice as required in this section may not claim a construction lien. |
| (f) |
A preliminary notice that is filed with the registry as provided in this section is considered to be filed at the time of the first preliminary notice filing. |
| (g) |
If a preliminary notice filed with the registry includes the tax parcel identification number of a parcel not previously associated in the registry with a construction project, the designated agent shall promptly notify the person who filed the preliminary notice that:
| (i) |
the preliminary notice includes a tax parcel identification number of a parcel not previously associated in the registry with a construction project; and |
| (ii) |
the likely explanation is that:
| (A) |
the preliminary notice is the first filing for the project; or |
| (B) |
the tax parcel identification number is incorrectly stated in the preliminary notice. |
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| (h) |
A preliminary notice shall include:
| (i) |
the name, address, telephone number, and email address of the person providing the construction work for which the preliminary notice is filed; |
| (ii) |
the name and address of the person who contracted with the claimant for the construction work; |
| (iii) |
the name of the record or reputed owner; |
| (iv) |
the name of the original contractor for construction work under which the claimant is providing or will provide construction work; |
| (v) |
the address of the project property or a description of the location of the project; |
| (vi) |
the name of the county in which the project property is located; and |
| (vii) |
| (A) |
the tax parcel identification number of each parcel included in the project property; |
| (B) |
the entry number of a previously filed notice of construction loan under Section 38-1a-601 on the same project; |
| (C) |
the entry number of a previously filed preliminary notice on the same project that includes the tax parcel identification number of each parcel included in the project property; or |
| (D) |
the entry number of the building permit issued for the project. |
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| (i) |
A preliminary notice may include:
| (i) |
the subdivision, development, or other project name applicable to the construction project for which the preliminary notice is filed; and |
| (ii) |
the lot or parcel number of each lot or parcel that is included in the project property. |
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