Utah
Preliminary Notice-Public Works

Warning: All information contained within this data base is subject to change at any time by the various states and is not guaranteed in any way by FWM Software. Nor does FWM Software assume any liability or responsibility for its content. Please use in conjunction with advice from your attorney.

Note: This information is limited in scope and applies only to this document. Please see the general information, all forms memo, and the general information memo for this type of document, for additional information.

Document Title: Notice of Right to Lien for Furnishing Labor, Materials or Equipment and Request for Copy of Public Bond.

Scope: State of Utah, Public Works

Time Constraints: Original contractors must file a Notice of Commencement with 30 days of beginning the project.

A Utah Notice of the Notice of Right to Lien for Furnishing Labor, Materials or Equipment and Request for Copy of Public Bond must be prepared and served on the public entities, general contractors and sureties by personal service or certified mail within:

If Public Bond Exists: 45 days after the first furnishing of labor, materials or services.

If no Public Bond exists: 90 days after the last furnishing of labor, materials or service.

A preliminary notice is actually only required if a Notice of Commencement has been filed by the original contractor, but we strongly urge to you send one in any case.

Information Requirements: The information required by program and whether you intend to send an owner cover letter.

Form Types: Notice of Right to Lien for Furnishing Labor, Materials or Equipment and Request for Copy of Public Bond, Exhibits A-D (if needed) and Owner Letter (if used).

Procedures: Enter the program data, including Additional Legal Parties or Releases for Other Companies. Copies of all of the forms (less the Owner Cover Letter and the Recorder Letter) must be sent to all legal public entities, all general contractors and all sureties. Sending a copy to your customer is optional (unless they are the public entities, general contractors, lenders or sureties).

When in doubt, file your lien claim immediately.

Important: If you fail to prepare and serve your Preliminary Notice within the time constraints listed above after first furnishing of labor, materials or service, you will lose your right to lien.

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