(1) As used in this section, “third party” means an owner, an original contractor, a subcontractor, or any interested party.

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Terms Used In Utah Code 38-1a-209

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • 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
  • Person: means :
         (24)(a) an individual;
         (24)(b) an association;
         (24)(c) an institution;
         (24)(d) a corporation;
         (24)(e) a company;
         (24)(f) a trust;
         (24)(g) a limited liability company;
         (24)(h) a partnership;
         (24)(i) a political subdivision;
         (24)(j) a government office, department, division, bureau, or other body of government; and
         (24)(k) any other organization or entity. See Utah Code 68-3-12.5
  • Registry: means the State Construction Registry under Part 2, State Construction Registry. 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) A person abuses the registry if that person files a notice in the registry:

     (2)(a) without a good faith basis for doing so;
     (2)(b) with the intent to exact more than is due from the owner or any other interested party; or
     (2)(c) to procure an unjustified advantage or benefit.
(3) A person who abuses the registry as described in Subsection (2) is liable to a third party who is affected by the notice for twice the amount of the actual damages incurred by the third party or $2,000, whichever is greater.