Utah Code 38-1a-706. Apportionment of costs — Costs and attorney fees to subcontractor
Current as of: 2024 | Check for updates
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(1) Except as provided in Section 38-11-107, the court shall apportion costs between the owner and original contractor according to the right of the case.
Terms Used In Utah Code 38-1a-706
- Construction lien: means a lien under this chapter for construction work. See Utah Code 38-1a-102
- Lien: A claim against real or personal property in satisfaction of a debt.
- Original contractor: means a person, including an owner-builder, that contracts with an owner to provide preconstruction service or construction work. See Utah Code 38-1a-102
- Owner: means a person who possesses an interest in a project property and contracts with an original contractor for preconstruction service or construction work. See Utah Code 38-1a-102
- Subcontractor: means a person that contracts to provide preconstruction service or construction work to:(34)(a) a person other than the owner; or(34)(b) the owner, if the owner is an owner-builder. See Utah Code 38-1a-102(2) The court shall award a subcontractor with a valid preconstruction or construction lien:(2)(a) all of the subcontractor’s costs, including the costs of preparing and recording the notice of preconstruction or construction lien; and(2)(b) the subcontractor’s reasonable attorney fees incurred in preparing and recording the notice of preconstruction or construction lien.