H.B. 230 Enrolled

LIEN AMENDMENTS
1999 GENERAL SESSION
STATE OF UTAH
Sponsor: John E. Swallow
Perry L. Buckner

AN ACT RELATING TO LIENS; REQUIRING THE NAME, ADDRESS, AND TELEPHONE
NUMBER OF A MECHANIC'S LIEN CLAIMANT TO BE INCLUDED IN THE NOTICE OF
LIEN; AND MAKING TECHNICAL CHANGES.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
38-1-7, as last amended by Chapter 49, Laws of Utah 1998
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 38-1-7 is amended to read:
38-1-7. Notice of claim -- Contents -- Recording -- Service on owner of property.
(1) A person claiming benefits under this chapter shall file for record with the county
recorder of the county in which the property, or some part of the property, is situated, a written
notice to hold and claim a lien within 90 days from the date:
(a) the person last performed labor or service or last furnished equipment or material on
a project or improvement for a residence as defined in Section 38-11-102 ; or
(b) of final completion of an original contract not involving a residence as defined in
Section 38-11-102 .
(2) [This] The notice required by Subsection (1), shall contain a statement setting forth:
(a) the name of the reputed owner if known or, if not known, the name of the record
owner;
(b) the name of the person by whom the lien claimant was employed or to whom the lien
claimant furnished the equipment or material;
(c) the time when the first and last labor or service was performed or the first and last
equipment or material was furnished;
(d) a description of the property, sufficient for identification;

(e) the name, current address, and current phone number of the lien claimant;
[(e)] (f) the signature of the lien claimant or the lien claimant's authorized agent;
[(f)] (g) an acknowledgment or certificate as required under Title 57, Chapter 3, Recording
of Documents; and
[(g)] (h) if the lien is on an owner-occupied residence, as defined in Section 38-11-102 , a
statement describing what steps an owner, as defined in Section 38-11-102 , may take to require a lien
claimant to remove the lien in accordance with Section 38-11-107 .
(3) Notwithstanding Subsection (2), an acknowledgment or certificate is not required for any
notice filed after April 29, 1985, and before April 24, 1989.
(4) (a) Within 30 days after filing the notice of lien, the lien claimant shall deliver or mail
by certified mail a copy of the notice of lien to:
(i) the reputed owner of the real property; or
(ii) the record owner of the real property.
(b) If the record owner's current address is not readily available to the lien claimant, the copy
of the claim may be mailed to the last-known address of the record owner, using the names and
addresses appearing on the last completed real property assessment rolls of the county where the
affected property is located.
(c) Failure to deliver or mail the notice of lien to the reputed owner or record owner
precludes the lien claimant from an award of costs and attorneys' fees against the reputed owner or
record owner in an action to enforce the lien.
(5) The Division of Occupational and Professional Licensing shall make rules governing the
form of the statement required under Subsection (2)[(g)](h).

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