Stop-Notice - Utah

STOP-NOTICE / PAYMENT-DISPUTE NOTICE

No statutory withholding effect

This document does not compel anyone to stop or withhold payment. It records a disputed construction-payment claim, requests preservation of information, and asks the recipient to state voluntarily what action, if any, the recipient will take.

The former citation to “Utah Code §§ 38-1a-601 et seq.” as stop-payment authority was wrong-topic. Current § 38-1a-601 is titled “Notice of construction loan.” Do not send this file as a statutory notice, tell a recipient that funds become trust funds, or assert an automatic injunction, bond, service method, attorney-fee right, or withholding duty.

Before sending, Utah counsel must determine whether another instrument is required, including a State Construction Registry preliminary notice, recorded notice of construction lien, payment-bond notice, contract notice, escrow instruction, demand letter, lawsuit, or application for provisional relief.

1. Sender

Sender or claimant: [________________________________]

Entity type: [________________________________]

Mailing address: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

Utah contractor license number, if applicable: [________________________________]

Attorney and contact information: [________________________________]

2. Recipients

Check each intended recipient. Sending this notice does not establish that the recipient controls funds or owes the sender a duty.

☐ Property owner

☐ Original contractor

☐ Subcontractor

☐ Construction lender

☐ Escrow or title company

☐ Payment-bond principal or surety

☐ Other: [________________________________]

3. Project

Project name: [________________________________]

Property address: [________________________________]

County: [________________________________]

Owner: [________________________________]

Original contractor: [________________________________]

State Construction Registry project number: [________________________________]

Construction lender or disbursing party, if known: [________________________________]

Sender's contracting party: [________________________________]

Contract, purchase order, or subcontract date: [________________________________]

Payment bond, escrow, or other payment-control document: [________________________________]

4. Disputed payment

Work, services, equipment, or materials supplied:

[________________________________]

First furnishing date: [________________________________]

Last furnishing date: [________________________________]

Original contract amount: $[________________________________]

Approved change orders: $[________________________________]

Payments and credits: $[________________________________]

Amount sender states remains unpaid: $[________________________________]

Invoice numbers and due dates: [________________________________]

Retainage: $[________________________________]

Known dispute, offset, defect allegation, backcharge, or payment condition:

[________________________________]

Attach the contract, change orders, invoices, delivery records, pay applications, payment history, and written dispute correspondence. Do not state that an amount is undisputed if a bona fide dispute is known.

5. Existing notices and proceedings

Counsel-confirmed deadline still running: [________________________________]

This notice does not replace or extend any statutory, contractual, bond, filing, recording, service, or suit deadline.

6. Factual notice and voluntary request

Date: [________________________________]

To: [________________________________]

Re: Payment dispute concerning [project]

The sender states that $[________________________________] remains unpaid for the work or materials described above. Copies of the supporting documents listed in Section 8 are enclosed.

The sender requests that the recipient:

☐ Confirm receipt.

☐ Identify the person handling the payment dispute.

☐ State whether the recipient disputes the amount and describe each factual basis.

☐ Identify any payment, retainage, escrow, bond, or contract information the recipient is authorized to disclose.

☐ Preserve project contracts, payment records, lien and bond documents, change orders, communications, schedules, inspections, and delivery records relevant to the dispute.

☐ Participate in a voluntary meeting or mediation by [________________________________].

☐ State whether the recipient will voluntarily hold any payment pending review, and identify the contract, escrow instruction, court order, or other authority for that action.

☐ Other lawful request approved by counsel: [________________________________]

Requested response date: [________________________________]

Nothing in this request states that the recipient is legally required to withhold funds. The recipient should obtain its own legal advice before delaying, redirecting, or releasing payment.

7. Authority review

Complete before sending.

Utah attorney: [________________________________]

Review date: [________________________________]

Approved transmission method and recipients: [________________________________]

8. Attachments

☐ Contract, subcontract, purchase order, or proposal

☐ Change orders

☐ Invoices and statements

☐ Pay applications and payment ledger

☐ Delivery tickets, time records, or equipment logs

☐ Correspondence about acceptance, defects, offsets, or backcharges

☐ SCR filing confirmations

☐ Recorded lien and proof of owner service

☐ Payment bond and bond claim

☐ Escrow or disbursement instructions

☐ Other: [________________________________]

Do not attach privileged material, protected personal information, trade secrets unnecessary to the request, or documents the sender is not authorized to disclose.

9. Sender certification

I certify that this notice is intended only to communicate a payment dispute and request voluntary cooperation. I have not represented that this document itself creates a lien, trust, freeze, injunction, garnishment, or mandatory withholding obligation.

Sender or authorized representative: [________________________________]

Title: [________________________________]

Signature: [________________________________]

Date: [________________________________]

Sources and References

• Utah Legislature — Utah Code § 38-1a-601, Notice of construction loan
• Utah Legislature — Title 38, Chapter 1a, Preconstruction and Construction Liens
• Utah State Construction Registry

Factual payment-dispute notice only. It has no statutory withholding effect.