(1) Any person wishing to use the provisions of
this article shall file for record, in the office of the county clerk and recorder of the
county wherein the property, or the principal part thereof, to be affected by the lien
is situated, a statement containing:
(a) The name of the owner or reputed owner of such property, or in case such
name is not known to him, a statement to that effect;
(b) The name of the person claiming the lien, the name of the person who
furnished the laborers or materials or performed the labor for which the lien is
claimed, and the name of the contractor when the lien is claimed by a subcontractor
or by the assignee of a subcontractor, or, in case the name of such contractor is not
known to a lien claimant, a statement to that effect;
(c) A description of the property to be charged with the lien, sufficient to
identify the same; and
(d) A statement of the amount due or owing such claimant.
(2) Such statement shall be signed and sworn to by the party, or by one of
the parties, claiming such lien, or by some other person in his or their behalf, to the
best knowledge, information, and belief of the affiant; and the signature of any such
affiant to any such verification shall be a sufficient signing of the statement.
(3) In order to preserve any lien for work performed or laborers or materials
furnished, there must be a notice of intent to file a lien statement served upon the
owner or reputed owner of the property or the owner's agent and the principal or
prime contractor or his or her agent at least ten days before the time of filing the
lien statement with the county clerk and recorder. Such notice of intent shall be
served by personal service or by registered or certified mail, return receipt
requested, addressed to the last-known address of such persons, and an affidavit of
such service or mailing at least ten days before filing of the lien statement with the
county clerk and recorder shall be filed for record with said statement and shall
constitute proof of such service.
(4) All such lien statements claimed for labor and work by the day or piece,
but without furnishing laborers or materials therefor, must be filed for record after
the last labor for which the lien claimed has been performed and at any time before
the expiration of two months next after the completion of the building, structure, or
other improvement.
(5) Except as provided in subsections (10) and (11) of this section, the lien
statements of all other lien claimants must be filed for record at any time before
the expiration of four months after the day on which the last labor is performed or
the last laborers or materials are furnished by such lien claimant.
(6) New or amended statements may be filed within the periods provided in
this section for the purpose of curing any mistake or for the purpose of more fully
complying with the provisions of this article.
(7) No trivial imperfection in or omission from the said work or in the
construction of any building, improvement, or structure, or of the alteration,
addition to, or repair thereof, shall be deemed a lack of completion, nor shall such
imperfection or omission prevent the filing of any lien statement or filing of or
giving notice, nor postpone the running of any time limit within which any lien
statement shall be filed for record or served upon the owner or reputed owner of
the property or such owner's agent and the principal or prime contractor or his or
her agent, or within which any notice shall be given. For the purposes of this
section, abandonment of all labor, work, services, and furnishing of laborers or
materials under any unfinished contract or upon any unfinished building,
improvement, or structure, or the alteration, addition to, or repair thereof, shall be
deemed equivalent to a completion thereof. For the purposes of this section,
abandonment means discontinuance of all labor, work, services, and furnishing of
laborers or materials for a three-month period.
(8) Subject to the prior termination of the lien under the provisions of section
38-22-110, no lien claimed by virtue of this article shall hold the property, or remain
effective longer than one year from the filing of such lien, unless within thirty days
after each annual anniversary of the filing of said lien statement there is filed in the
office of the county clerk and recorder of the county wherein the property is
located an affidavit by the person or one of the persons claiming the lien, or by
some person in his behalf, stating that the improvements on said property have not
been completed.
(9) Upon the filing of the notice required and the commencement of an
action, within the time and in the manner required by said section 38-22-110, no
annual affidavit need be filed thereafter.
(10) Within the applicable time period provided in subsections (4) and (5) of
this section and subject to the provisions of section 38-22-125, any lien claimant
granted a lien pursuant to section 38-22-101 may file with the county clerk and
recorder of the county in which the real property is situated a notice stating the
legal description or address or such other description as will identify the real
property; the name of the person with whom he has contracted; and the claimant's
name, address, and telephone number. One such notice may be filed upon more
than one property, and, in the case of a subdivision, one notice may describe only
the part thereof upon which the claimant has or will obtain a lien pursuant to
section 38-22-101. The filing of said notice shall serve as notice that said person
may thereafter file a lien statement and shall extend the time for filing of the
mechanic's lien statement to four months after completion of the structure or other
improvement or six months after the date of filing of said notice, whichever occurs
first. Unless sooner terminated as provided in subsection (11) of this section, the
notice provided for in this subsection (10) shall automatically terminate six months
after the date said notice is filed. In the event that said structure or other
improvements have not been completed prior to the termination of said notice, a
claimant, prior to said termination date, may file a new or amended notice which
shall remain effective for an additional period of six months after the date of filing
or four months after the date of completion of said structure or other
improvements, whichever occurs first.
(11) Upon termination of agreement to provide labor, laborers, or materials,
the owner, or someone in such owner's behalf, may demand from the person filing
said notice a termination of said notice, which termination shall identify the
properties upon which labor has not been performed or to which laborers or
materials have not been furnished and as to which said notice is terminated. Upon
the filing of said termination in the office of the county clerk and recorder in the
county wherein said property is situated, such notice no longer constitutes notice
as provided in subsection (10) of this section as to the property described in said
termination.
(12) The notices provided for in subsections (10) and (11) of this section shall
be recorded in the office of the county clerk and recorder of the county wherein the
real property is located.