Utah Account Stated for Construction Work

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Description

An account stated is a statement between a creditor (the person to whom money is owed) and a debtor (the person who owes) based upon a series of prior transactions that a particular amount is owed to the creditor as of a certain date.

Utah Account Stated for Construction Work is a legal concept that applies specifically to construction projects in the state of Utah. It involves the establishment of a formal agreement or understanding between a contractor or supplier and a property owner regarding the payment for construction work completed. In simpler terms, an account stated is a statement of the amount owed by the property owner to the contractor or supplier for the completed work. It serves as evidence of the agreed-upon amount that the property owner is obligated to pay. Account stated is commonly used in construction projects to provide a basis for invoicing and payment. It helps to ensure that all parties involved are on the same page with regard to the amount owed and helps to prevent any misunderstandings or disputes. The account stated typically includes details such as the itemized list of completed construction work, the associated costs, any change orders or variations made during the project, and the final agreed-upon amount. It may also include supporting documents such as invoices, receipts, work orders, and any written agreements or contracts. Different types of Utah Account Stated for Construction Work can vary based on the nature of the project. For instance: 1. Residential construction account stated: This applies to construction projects involving residential properties, such as single-family homes or multi-unit residential buildings. 2. Commercial construction account stated: This pertains to construction projects involving commercial properties, such as office buildings, retail stores, or industrial facilities. 3. Government project account stated: This type of account stated applies to construction projects funded or commissioned by government entities at the local, state, or federal levels. In each case, the principles of Utah Account Stated for Construction Work remain the same, but the specific details and regulations may vary depending on the nature and scope of the project.

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FAQ

A Utah preliminary notice must be filed within 20 days from the date the lien claimant first furnished labor and/or materials to the project.

Paying subcontractorsYou usually pay your subcontractors directly. But you can pay them through a third party (such as a relative or debt company) if they ask you to. If you make deductions, you must give the subcontractor a payment and deduction statement within 14 days of the end of each tax month.

Federal Laws The US Prompt Payment Act requires federal construction contracts to include a prompt payment clause. This requires the prime to pay subcontractors for satisfactory performance within seven days of receipt of payment.

It is fundamental under Utah law that when a party fails to perform a duty under a construction contract, such failure is a breach of the contract for which the non-breaching party may recover its damages.

Upon payment by an agency of the state of Utah or by an agency of the United States, a business which has acquired under contract, property or services in connection with its contract with such an agency from a subcontractor or supplier, shall pay such subcontractor or supplier within 30 days after payment from such

A direct payment clause says that if you have paid the main contractor for work done by subcontractors and your money is not passed on to them, you can pay the subcontractor directly and deduct the payment from any other monies due to the main contractor.

When the subcontractor does not get paid then they have grounds to pursue the contractor for monies owed. This could be in the form of wages or unpaid invoices for services rendered. In the USA, the owner of the property can be held liable for payment under a Mechanics Lien.

A lien claimant must file a Preliminary Notice (commonly called a pre-lien) with the SCR within 20 days of when the contractor began work. Failure to file a preliminary notice may preclude you from claiming a valid Preconstruction or Construction Lien. UCA § 38-1a-401 and -501.

The SCR is a centralized online resource for Utah construction projects. While the most cost-effective method is to perform transactions online, notices can be completed offline. Notices submitted by fax or postal mail become effective on the date a complete filing is received.

Statutory Limitations Unless you specifically spell out a different time period in a contract, Utah law permits contract and warranty claims to be filed within six years of the date of completion (or abandonment) of the improvement.

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Utah Account Stated for Construction Work