Utah Code 38-1a-209. Abuse of registry — Penalty
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(1) As used in this section, “third party” means an owner, an original contractor, a subcontractor, or any interested party.
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.