H.B.
131
LIENS FOR PRECONSTRUCTION SERVICE AND CONSTRUCTION WORK
House Floor
Amendments
Amendment 2 February 17, 2012 8:16 AM
Representative Michael T. Morley proposes the following amendments:
1. Page 16, Line 476 :
476 (e) not withdrawn under Subsection 38-1a-501
{
(6)
}
(5)
.
2. Page 17, Line 517 :
517 construction lender's mortgage or trust deed, as provided in Section 38-1a-
{
4
}
503
, by the person's
3. Page 18, Line 529 :
529 (b) a preliminary notice under Section 38-1a-501 or Section 38-1b-
{
201
}
202
;
4. Page 19, Lines 557 through 558 :
557 For purposes of this chapter
{
,
}
:
(1)
an original contract is considered to exist between an
558 owner-builder as owner and the owner-builder as original contractor
{
.
}
; and
(2) in addition to being an owner, an owner-builder is considered to be an original contractor.
5. Page 33, Lines 1016 through 1017 :
1016
(1)
Substantial compliance with the requirements of this chapter is sufficient to claim, as
1017 applicable, a preconstruction lien or a construction lien.
(2) Subsection (1) may not be construed to excuse compliance with or affect the requirement to
file:
(a) a notice of retention as provided in Section 38-1a-401 in order to claim a preconstruction lien; or
(b) a preliminary notice as provided in Section 38-1a-501 in order to claim a construction lien.
6. Page 34, Lines 1032 through 1033
House Committee Amendments
2-9-2012 :
1032
{
(5) The division shall establish by rule a procedure for determining the validity of a
1033 notice that is the subject of a request under Subsection (3). }
7. Page 48, Line 1474
House Committee Amendments
2-9-2012 :
1474 Subsection [
{
(6)
}
(5)
.
8. Page 48, Line 1477
House Committee Amendments
2-9-2012 :
1477 H.
{
Subject to Subsection 38-1a-503(2)(b),
}
(1)
{
[
}
Construction
{
]
}
{
construction
}
.H liens on a
9. Page 48, Line 1480
House Committee Amendments
2-9-2012 :
1480 claimed is provided.
(2) Subsection (1) relates to the relationship between claimants' construction liens and does not
affect the priority of a construction lender's mortgage or trust deed, as established under this chapter.
10. Page 57, Line 1757 :
1757 (1) In an action under this part
, subject to the time restrictions under Subsection 38-1a-701(2)
:
11. Page 68, Line 2104 :
2104 (7) "Government project-identifying
{
number
}
information
" means:
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