Preliminary Notices – What you Absolutely Need to Include

Under Utah’s new mechanic’s lien laws, all parties on private projects are required to file a preliminary notice with the State Construction Registry in order to preserve their lien rights. This preliminary notice must be filed within 20 days of the date you begin work on a project. In order to be valid, a preliminary notice must include certain information. That information is can be found in Utah Code Ann. § 38-1a-501. The preliminary notice must contain the following information:

  • The name, address, telephone number, and email address of the person furnishing the construction service for which the preliminary notice is filed;
  • The name and address of the person who contracted with the claimant for the furnishing of the construction service;
  • The name of the record or reputed owner of the project property;
  • The name of the original contractor for construction service under which the claimant is furnishing or will furnish construction service;
  • The address of the project property or a description of the location of the project;
  • The name of the county in which the project property is located; and
  • Either:
    • The tax parcel identification number of each parcel included in the project property;
    • The entry number of a previously filed notice of construction loan under Section 38-1-30.7 on the same project;
    • 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
    • The entry number of the building permit issued for the project.

Finding all the information you need to correctly fill out a preliminary notice can be tricky. However, there are a few places you can go for the information. First, check the building permit. It will have much of the information you need. Under the new laws, the standardized building permit application will include a place for the property’s tax identification number. Second, search for other preliminary notices on the SCR. You can take information from those preliminary notices and use it in your filing. In fact, the SCR has a function where you can “copy” the information in one filing and use it in your filing. And third, the general contractor should be able to provide you with this information as well. When you fill out the information on the SCR, there will be boxes to fill in that will indicate what information is required. Pay attention to all the information requested and make sure to fill it out as completely as possible.

Becoming familiar with the information required to file a preliminary notice will assist you in protecting your lien claims. Timely and correctly filing a preliminary notice will be the first step in preserving your rights to get paid for the work you do on a project. If you need additional information about the SCR, you can check out the SCR website here.

Additionally, if you have questions, please contact our office for more information.

Skoubye, Nielson, Johansen Attorneys Salt Lake City Utah

Kevin M. Bischoff

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