Utah Code Title 38. Liens § 38-1a-805. Failure to file notice--Petition to nullify preconstruction or construction lien--Expedited proceeding

(1)(a) An owner of an interest in a project property that is subject to a recorded preconstruction lien or a recorded construction lien may petition a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, for summary relief to nullify the preconstruction lien or the construction lien if:

(b) Notwithstanding Title 78B, Chapter 3a, Venue for Civil Actions, a person shall bring a petition described in Subsection (1)(a) in the county in which the project property is located if the person brings the petition in the district court.

(a) be delivered by certified mail to the lien claimant at the lien claimant's address provided in the recorded preconstruction lien or the recorded construction lien;

(b) state the owner's name, address, and telephone number;

(c) contain:

(d) state that the lien claimant has failed to timely file:

(e) request that the lien claimant withdraw the lien claimant's preconstruction lien or construction lien within 10 business days after the day on which the written request to withdraw is sent; and

(f) state that if the lien claimant does not withdraw the preconstruction lien or the construction lien within 10 business days after the day on which the written request to withdraw is sent, the owner may petition a court to nullify the lien in an expedited proceeding under this section.

(a) state with specificity that:

(b) be supported by a sworn affidavit of the petitioner; and

(c) be served on the lien claimant, in accordance with the Rules of Civil Procedure, within three business days after the day on which the petitioner files the petition in the court.

(4)(a) If the court finds that a petition does not meet the requirements described in Subsection (3), the court may dismiss the petition without a hearing.

(b) If the court finds that a petition meets the requirements described in Subsection (3), the court shall schedule an expedited hearing to determine whether the preconstruction lien or the construction lien is invalid because the lien claimant failed to file a notice of preconstruction service or a preliminary notice, as applicable.

(5)(a) If the court grants a hearing, within three business days after the day on which the court schedules the hearing and at least seven business days before the day on which the hearing is scheduled, the petitioner shall serve on the lien claimant, in accordance with the Rules of Civil Procedure, a copy of the petition, notice of the hearing, and a copy of the court's order granting the expedited hearing.

(b) The lien claimant may attend the hearing and contest the petition.

(a) whether the lien claimant filed a notice of preconstruction service or a preliminary notice; and

(b) if the lien claimant failed to file a notice of preconstruction service or a preliminary notice, whether the lien claimant's preconstruction lien or construction lien is valid.

(7)(a) If, following a hearing, the court determines that the preconstruction lien or the construction lien is invalid, the court shall issue an order that:

(b) The petitioner may submit a copy of an order issued under Subsection (7)(a) to the county recorder for recording.

(8)(a) If, following a hearing, the court determines that the preconstruction lien or the construction lien is valid, the court shall:

(b) The dismissal order shall contain a legal description of the property.

(c) The lien claimant may submit a copy of the dismissal order to the county recorder for recording.