Utah Code 58-55-601. Payment — Account designated
Terms Used In Utah Code 58-55-601
- Contract: A legal written agreement that becomes binding when signed.
- Contractor: means any person who for compensation other than wages as an employee undertakes any work in the construction, plumbing, or electrical trade for which licensure is required under this chapter and includes:(17)(a)(i) a person who builds any structure on the person's own property for the purpose of sale or who builds any structure intended for public use on the person's own property;(17)(a)(ii) any person who represents that the person is a contractor, or will perform a service described in this Subsection (17)by advertising on a website or social media, or any other means;(17)(a)(iii) any person engaged as a maintenance person, other than an employee, who regularly engages in activities set forth under the definition of "construction trade";(17)(a)(iv) any person engaged in, or offering to engage in, any construction trade for which licensure is required under this chapter; or(17)(a)(v) a construction manager, construction consultant, construction assistant, or any other person who, for a fee:(17)(a)(v)(A) performs or offers to perform construction consulting;(17)(a)(v)(B) performs or offers to perform management of construction subcontractors;(17)(a)(v)(C) provides or offers to provide a list of subcontractors or suppliers; or(17)(a)(v)(D) provides or offers to provide management or counseling services on a construction project. See Utah Code 58-55-102
- Lien: A claim against real or personal property in satisfaction of a debt.
- Person: means a natural person, sole proprietorship, joint venture, corporation, limited liability company, association, or organization of any type. See Utah Code 58-55-102
When making any payment to a materialman, supplier, contractor, or subcontractor with whom he has a running account, or with whom he has more than one contract, or to whom he is otherwise indebted, the contractor shall designate the contract under which the payment is made or the items of account to which it is to be applied. When a payment for materials or labor is made to a subcontractor or materialman, the subcontractor or materialman shall demand of the person making the payment a designation of the account and the items of account to which the payment is to apply. In cases where a lien is claimed for materials furnished or labor performed by a subcontractor or materialman, it is a defense to the claim that a payment was made by the owner to the contractor for the materials and was so designated and paid over to the subcontractor or materialman, if when the payment was received by the subcontractor or materialman, he did not demand a designation of the account and of the items of account to which the payment was to be applied.