Utah Notice Requirements

Contractors — Notice of Commencement (15-Day Deadline)

Contractors must file a Notice of Commencement within 15 days of the issuance of the building permit. If no building permit is issued, the Notice of Commencement must be filed within 15 days of beginning work on the project.

The Notice of Commencement serves as a public record that construction has begun on the property and is a critical first step in preserving mechanic lien rights for the contractor and all other parties on the project.

Subcontractors & Material Suppliers — Preliminary Notice (20-Day Deadline)

Subcontractors and material suppliers must file a Preliminary Notice to the original contractor within 20 days of first performance, or within 20 days of the Notice of Subcontract if the subcontractor began work before the Notice of Commencement was filed. §38-1-32.

If a Notice of Intent to file a Notice of Completion is filed, subcontractors must file an amendment to their Preliminary Notice stating the amount still owed under the subcontract, including work remaining to be done. This amendment ensures the mechanic lien claim amount is current.

Signed Invoice — 15 Days Before Recording Mechanic Lien (§38-1-38)

Contractors must provide a signed invoice to the person furnished at least 15 days prior to recording the mechanic lien. While this requirement is described as 'nonfatal' (meaning failure does not automatically void the mechanic lien), compliance is strongly recommended to avoid potential challenges to the mechanic lien's validity.

Second-Tier Bond Claims — 20-Day Preliminary Notice

Second-tier subcontractors and material suppliers not in privity with the original contractor must file a Preliminary Notice to the payment bond principal within 20 days of first performance to preserve bond claim rights. This applies on both private commercial projects over $50,000 and public works projects.

Public Works — Notice When No Bond Required

On public works projects, if no payment bond is required by the owner, claimants must give notice within 90 days of final furnishing. This notice preserves the right to sue the owner for failure to require the required bond.