38-1-33 - Notice of completion.
38-1-33. Notice of completion.
(1) (a) Upon final completion of a construction project, and in accordance with Section38-1-40, the following with a construction project registered with the database may file a noticeof completion with the database:
(i) an owner of the construction project;
(ii) an original contractor of the construction project;
(iii) a lender that has provided financing for the construction project;
(iv) a surety that has provided bonding for the construction project; or
(v) a title company issuing a title insurance policy on the construction project.
(b) Notwithstanding Section 38-1-2, if a subcontractor performs substantial work afterthe applicable dates established by Subsection (1)(a), that subcontractor's subcontract isconsidered an original contract for the sole purpose of determining:
(i) the subcontractor's time frame to file a notice to hold and claim a lien underSubsection 38-1-7(1); and
(ii) the original contractor's time frame to file a notice to hold and claim a lien underSubsection 38-1-7(1) for that subcontractor's work.
(c) A notice of completion shall include:
(i) the building permit number for the project, or the number assigned to the project bythe designated agent;
(ii) the name, address, and telephone number of the person filing the notice ofcompletion;
(iii) the name of the original contractor for the project;
(iv) the address of the project or a description of the location of the project;
(v) the date on which final completion is alleged to have occurred; and
(vi) the method used to determine final completion.
(d) For purposes of this section, final completion of the original contract does not occurif work remains to be completed for which the owner is holding payment to ensure completion ofthe work.
(e) (i) Unless a person indicates to the division or designated agent that the person doesnot wish to receive a notice under this section, electronic notification of the filing of a notice ofcompletion or alternate notice as prescribed in Subsection (1)(a), shall be provided to:
(A) each person that filed a notice of commencement for the project;
(B) each person that filed preliminary notice for the project; and
(C) all interested persons who have requested notices concerning the project.
(ii) A person to whom notice is required under this Subsection (1)(e) is responsible for:
(A) providing an e-mail address, mailing address, or telefax number to which a noticerequired by this Subsection (1)(e) is to be sent; and
(B) the accuracy of any e-mail address, mailing address, or telefax number to whichnotice is to be sent.
(iii) The designated agent fulfills the notice requirement of Subsection (1)(e)(i) when itsends the notice to the e-mail address, mailing address, or telefax number provided to thedesignated agent, whether or not the notice is actually received.
(iv) Upon the filing of a notice of completion, the time periods for filing preliminarynotices stated in Section 38-1-27 are modified such that all preliminary notices shall be filedsubsequent to the notice of completion and within 10 days from the day on which the notice of
completion is filed.
(f) A subcontract that is considered an original contract for purposes of this section doesnot create a requirement for an additional preliminary notice if a preliminary notice has alreadybeen given for the labor, service, equipment, and material furnished to the subcontractor whoperforms substantial work.
(2) (a) If a construction project owner, original contractor, subcontractor, or otherinterested person believes that a notice of completion has been filed erroneously, that owner,original contractor, subcontractor, or other interested person can request from the person whofiled the notice of completion evidence establishing the validity of the notice of completion.
(b) Within 10 days after the request described in Subsection (2)(a), the person who filedthe notice of completion shall provide the requesting person proof that the notice of completionis valid.
(c) If the person that filed the notice of completion does not provide proof of the validityof the notice of completion, that person shall immediately cancel the notice of completion fromthe database in any manner prescribed by the division pursuant to rule.
(3) A person filing a notice of completion by alternate filing is responsible for verifyingand changing any incorrect information in the notice of completion before the expiration of thetime period during which the notice is required to be filed.
Amended by Chapter 76, 2010 General Session