Utah Code > Title 38 > Chapter 1a – Preconstruction and Construction Liens

		Sections
Part 1	General Provisions	38-1a-101 – 38-1a-105
Part 2	State Construction Registry	38-1a-201 – 38-1a-211
Part 3	Provisions Applicable to Preconstruction Liens and Construction Liens	38-1a-301 – 38-1a-309
Part 4	Preconstruction Lien Provisions	38-1a-401 – 38-1a-405
Part 5	Construction Lien Provisions	38-1a-501 – 38-1a-507
Part 6	Construction Loans	38-1a-601 – 38-1a-604
Part 7	Enforcement of Preconstruction and Construction Liens	38-1a-701 – 38-1a-707
Part 8	Actions Affecting Preconstruction and Construction Liens	38-1a-801 – 38-1a-805

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Terms Used In Utah Code > Title 38 > Chapter 1a - Preconstruction and Construction Liens

Acquittal:
1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
2. A verdict of "not guilty."
Acquitted: means a finding by a jury or a judge at trial that a claimant is not guilty. See Utah Code 77-11b-101
Acquitted: means the same as that term is defined in Section 77-11b-101. See Utah Code 77-11c-101
Adjudicated: means that:
     (2)(a)
          (2)(a)(i) a judgment of conviction by plea or verdict of an offense has been entered by a court; and
          (2)(a)(ii) a sentence has been imposed by the court; or
     (2)(b) a judgment has been entered for an adjudication of an offense by a juvenile court under Section 80-6-701. See Utah Code 77-11c-101
Adjudication: means :
(3)(a) a judgment of conviction by plea or verdict of an offense; or
(3)(b) an adjudication for an offense by a juvenile court under Section 80-6-701. See Utah Code 77-11c-101
Adjudicative proceeding: means :
(2)(a) an action by a board, commission, department, officer, or other administrative unit of the state that determines the legal rights, duties, privileges, immunities, or other legal interests of one or more identifiable persons, including an action to grant, deny, revoke, suspend, modify, annul, withdraw, or amend an authority, right, or license; and
(2)(b) judicial review of an action described in Subsection (2)(a). See Utah Code 68-3-12.5
Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
Agency: includes a law enforcement agency or a multijurisdictional task force. See Utah Code 77-11a-101
Agency: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11b-101
Agency: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11c-101
Allegation: something that someone says happened.
Alternate means: means a method of filing a legible and complete notice or other document with the registry other than electronically, as established by the division by rule. See Utah Code 38-1a-102
Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
Anticipated improvement: means an improvement:
(2)(a) for which preconstruction service is performed; and
(2)(b) that is anticipated to follow the performing of preconstruction service. See Utah Code 38-1a-102
Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
Appellate court: means the Utah Court of Appeals, the Utah Supreme Court, or the United States Supreme Court. See Utah Code 77-11c-101
Applicable county recorder: means the office of the recorder of each county in which any part of the property on which a claimant claims or intends to claim a preconstruction or construction lien is located. See Utah Code 38-1a-102
Appointing authority: means the person or body authorized to make an appointment to the board of trustees. See Utah Code 17B-1-102
Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
Arrest: Taking physical custody of a person by lawful authority.
Asset forfeiture: A procedure by which a person's property is seized to pay judgments levied by the court.
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
Biological evidence: includes :
          (6)(b)(i) material that is catalogued separately, including:
               (6)(b)(i)(A) on a slide or swab; or
               (6)(b)(i)(B) inside a test tube, if the evidentiary sample that previously was inside the test tube has been consumed by testing;
          (6)(b)(ii) material that is present on other evidence, including clothing, a ligature, bedding, a drinking cup, a cigarette, or a weapon, from which a DNA profile may be obtained;
          (6)(b)(iii) the contents of a sexual assault kit; and
          (6)(b)(iv) for a violent felony offense, material described in this Subsection (6) that is in the custody of an evidence collecting or retaining entity on May 4, 2022. See Utah Code 77-11c-101
Board: means the Board of Pardons and Parole established under Section 77-27-2. See Utah Code 77-16a-101
Bona fide loan: means a loan to an owner or owner-builder by a lender in which the owner or owner-builder has no financial or beneficial interest greater than 5% of the voting shares or other ownership interest. See Utah Code 38-1a-102
Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
Claimant: means a person entitled to claim a preconstruction or construction lien. See Utah Code 38-1a-102
Claimant: means :
     (2)(a) an owner of property;
     (2)(b) an interest holder; or
     (2)(c) an individual or entity who asserts a claim to any property for which an agency seeks to forfeit. See Utah Code 77-11a-101
Claimant: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11b-101
Claimant: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11c-101
Clerk of the court: means the state court administrator or his designee. See Utah Code 77-10a-1
Commission: means the State Commission on Criminal and Juvenile Justice created in Section 63M-7-201. See Utah Code 77-11b-101
Compensation: means the payment of money for a service rendered or an expense incurred, whether based on:
(6)(a) time and expense, lump sum, stipulated sum, percentage of cost, cost plus fixed or percentage fee, or commission; or
(6)(b) a combination of the bases listed in Subsection (6)(a). See Utah Code 38-1a-102
Competency evaluation: means an evaluation conducted by a forensic evaluator to determine if an individual is competent to stand trial. See Utah Code 77-15-2
Competent to stand trial: means that a defendant has:
(2)(a) a rational and factual understanding of the criminal proceedings against the defendant and of the punishment specified for the offense charged; and
(2)(b) the ability to consult with the defendant's legal counsel with a reasonable degree of rational understanding in order to assist in the defense. See Utah Code 77-15-2
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Complaint: means a civil or criminal complaint seeking the forfeiture of any property under this chapter. See Utah Code 77-11b-101
Computer: includes any device that is used for the storage of digital or electronic files, flash memory, software, or other electronic information. See Utah Code 77-11a-101
Computer: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11c-101
Construction lender: means a person who makes a construction loan. See Utah Code 38-1a-102
Construction lien: means a lien under this chapter for construction work. See Utah Code 38-1a-102
Construction project: means an improvement that is constructed pursuant to an original contract. See Utah Code 38-1a-102
Contestable notice: means a notice of preconstruction service under Section 38-1a-401, a preliminary notice under Section 38-1a-501, or a notice of completion under Section 38-1a-506. See Utah Code 38-1a-102
Contesting person: means an owner, original contractor, subcontractor, or other interested person. See Utah Code 38-1a-102
Continuance: Putting off of a hearing ot trial until a later time.
Continuous chain of custody: means :
(9)(a) for a law enforcement agency or a court, that legal standards regarding a continuous chain of custody are maintained; and
(9)(b) for an entity that is not a law enforcement agency or a court, that the entity maintains a record in accordance with legal standards required of the entity. See Utah Code 77-11c-101
Contraband: includes :
          (4)(b)(i) a controlled substance that is possessed, transferred, distributed, or offered for distribution in violation of Title 58, Chapter 37, Utah Controlled Substances Act; or
          (4)(b)(ii) a computer that:
               (4)(b)(ii)(A) contains or houses child sexual abuse material, or is used to create, download, transfer, upload to a storage account, or store any electronic or digital files containing child sexual abuse material; or
               (4)(b)(ii)(B) contains the personal identifying information of another individual, as defined in Section 76-6-1101, whether that individual is alive or deceased, and the personal identifying information has been used to create false or fraudulent identification documents or financial transaction cards in violation of Title 76, Chapter 6, Part 5, Fraud. See Utah Code 77-11a-101
Contraband: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11c-101
Contract: A legal written agreement that becomes binding when signed.
Controlled substance: means the same as that term is defined in Section 58-37-2. See Utah Code 77-11a-101
Controlled substance: means the same as that term is defined in Section 58-37-2. See Utah Code 77-11c-101
Conviction: A judgement of guilt against a criminal defendant.
Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
Counterclaim: A claim that a defendant makes against a plaintiff.
County legislative body: means :
     (8)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;
     (8)(b) the county council, in the county executive-council optional form of government authorized by Section 17-52a-203; and
     (8)(c) the county council, in the council-manager optional form of government authorized by Section 17-52a-204. See Utah Code 68-3-12.5
Court: means a municipal, county, or state court. See Utah Code 77-11a-101
Court: means a municipal, county, or state court. See Utah Code 77-11c-101
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Deed: The legal instrument used to transfer title in real property from one person to another.
Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
Department: means the Department of Health and Human Services. See Utah Code 77-15-2
Department: means the Department of Health and Human Services. See Utah Code 77-16a-101
Dependent: A person dependent for support upon another.
Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
Designated agent: means the third party the division contracts with as provided in Section 38-1a-202 to create and maintain the registry. See Utah Code 38-1a-102
Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
Division: means the Division of Professional Licensing created in Section 58-1-103. See Utah Code 38-1a-102
Division of Law Enforcement: means the division within the Department of Natural Resources created under Title 79, Chapter 2, Part 7, Division of Law Enforcement. See Utah Code 77-11a-101 v2
DNA: means deoxyribonucleic acid. See Utah Code 77-11c-101
DNA profile: means a unique identifier of an individual derived from DNA. See Utah Code 77-11c-101
Drug paraphernalia: means the same as that term is defined in Section 58-37a-3. See Utah Code 77-11c-101
Entry number: means the reference number that:
(16)(a) the designated agent assigns to each notice or other document filed with the registry; and
(16)(b) is unique for each notice or other document. See Utah Code 38-1a-102
Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Evidence: means the same as that term is defined in Section 77-11c-101. See Utah Code 77-11a-101
Evidence: means property, contraband, or an item or substance that:
(16)(a) is seized or collected as part of an investigation or prosecution of an offense; and
(16)(b) may reasonably be used to incriminate or exculpate an individual for an offense. See Utah Code 77-11c-101
Evidence collecting or retaining entity: includes :
          (17)(b)(i) a medical or forensic entity;
          (17)(b)(ii) a law enforcement agency;
          (17)(b)(iii) a court; and
          (17)(b)(iv) an official, employee, or agent of an entity or agency described in this Subsection (17). See Utah Code 77-11c-101
Executive director: means the executive director of the Department of Health and Human Services. See Utah Code 77-16a-101
Exhibit: means property, contraband, or an item or substance that is admitted into evidence for a court proceeding. See Utah Code 77-11c-101
Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
Federal prosecutor: A lawyer appointed by the President in each judicial district to prosecute and defend cases for the federal government.
Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
Final completion: means :
     (17)(a) the date of issuance of a permanent certificate of occupancy by the local government entity having jurisdiction over a construction project, if a permanent certificate of occupancy is required;
     (17)(b) the date of the final inspection of construction work by the local government entity having jurisdiction over a construction project, if an inspection is required under a state-adopted building code applicable to the construction work, but no certificate of occupancy is required;
     (17)(c) unless the owner is holding payment to ensure completion of construction work, the date on which there remains no substantial work to be completed to finish the construction work under the original contract, if a certificate of occupancy is not required and a final inspection is not required under an applicable state-adopted building code; or
     (17)(d) the last date on which substantial work was performed under the original contract, if, because the original contract is terminated before completion of the construction work defined by the original contract, the local government entity having jurisdiction over a construction project does not issue a certificate of occupancy or perform a final inspection. See Utah Code 38-1a-102
Final lien waiver: means a form that complies with Subsection 38-1a-802(4)(c). See Utah Code 38-1a-102
First preliminary notice filing: means a preliminary notice that:
     (19)(a) is the earliest preliminary notice filed on a construction project for which the preliminary notice is filed;
     (19)(b) is filed on a construction project that, at the time the preliminary notice is filed, has not reached final completion; and
     (19)(c) is not canceled under Section 38-1a-307. See Utah Code 38-1a-102
Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
Forensic evaluator: means a licensed mental health professional who:
     (4)(a) is not involved in the defendant's treatment;
     (4)(b) is trained and qualified by the department to conduct a competency evaluation, a restoration screening, and a progress toward competency evaluation, based on knowledge, experience, or education relating to:
          (4)(b)(i) intellectual functioning or psychopathology; and
          (4)(b)(ii) the legal system and the rights of a defendant in a criminal trial; and
     (4)(c) if under contract with the department, demonstrates ongoing education and training relating to forensic mental health in accordance with rules established by the department in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 77-15-2
Forensic evaluator: means a licensed mental health professional who is:
(4)(a) not involved in the defendant's treatment; and
(4)(b) trained and qualified to conduct a guilty with a mental condition evaluation. See Utah Code 77-16a-101
Forfeit: means to divest a claimant of an ownership interest in property seized by a peace officer or agency. See Utah Code 77-11a-101
Forfeit: means to divest a claimant of an ownership interest in property seized under Section 77-11a-201. See Utah Code 77-11b-101
Fraud: Intentional deception resulting in injury to another.
Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
Improvement: means :
(21)(a) a building, infrastructure, utility, or other human-made structure or object constructed on or for and affixed to real property; or
(21)(b) a repair, modification, or alteration of a building, infrastructure, utility, or object referred to in Subsection (21)(a). See Utah Code 38-1a-102
In custody: means an individual who:
(19)(a) is incarcerated, civilly committed, on parole, or on probation; or
(19)(b) is required to register under Title 77, Chapter 41, Sex, Kidnap, and Child Abuse Offender Registry. See Utah Code 77-11c-101
Incompetent to proceed: means that a defendant is not competent to stand trial as a result of:
(5)(a) mental illness; or
(5)(b) intellectual disability. See Utah Code 77-15-2
Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
Innocent owner: means a claimant who:
     (9)(a) held an ownership interest in property at the time of the commission of an offense subjecting the property to seizure, and:
          (9)(a)(i) did not have actual knowledge of the offense subjecting the property to seizure; or
          (9)(a)(ii) upon learning of the commission of the offense, took reasonable steps to prohibit the use of the property in the commission of the offense; or
     (9)(b) acquired an ownership interest in the property and had no knowledge that the commission of the offense subjecting the property to seizure had occurred or that the property had been seized, and:
          (9)(b)(i) acquired the property in a bona fide transaction for value;
          (9)(b)(ii) was an individual, including a minor child, who acquired an interest in the property through probate or inheritance; or
          (9)(b)(iii) was a spouse who acquired an interest in property through dissolution of marriage or by operation of law. See Utah Code 77-11a-101
Innocent owner: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11b-101
Intellectual disability: means an intellectual disability as defined in the current edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association. See Utah Code 77-15-2
Intellectual disability: means a significant, subaverage general intellectual functioning that:
(16)(a) exists concurrently with deficits in adaptive behavior; and
(16)(b) is manifested during the developmental period as defined in the current edition of the Diagnostic and Statistical Manual of Mental Disorders, published by the American Psychiatric Association. See Utah Code 68-3-12.5
Interest holder: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11d-101
Interest holder: means a secured party as defined in Section 70A-9a-102, a party with a right-of-offset, a mortgagee, lien creditor, or the beneficiary of a security interest or encumbrance pertaining to an interest in property, whose interest would be perfected against a good faith purchaser for value. See Utah Code 77-11a-101
Interest holder: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11b-101
Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
Interested person: means a person that may be affected by a construction project. See Utah Code 38-1a-102
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Juror: A person who is on the jury.
Known address: means :
(9)(a) any address provided by a claimant to the peace officer or agency at the time the property is seized; or
(9)(b) the claimant's most recent address on record with a governmental entity if no address was provided at the time of the seizure. See Utah Code 77-11b-101
Land: includes :
     (18)(a) land;
     (18)(b) a tenement;
     (18)(c) a hereditament;
     (18)(d) a water right;
     (18)(e) a possessory right; and
     (18)(f) a claim. See Utah Code 68-3-12.5
Law enforcement agency: means :
     (11)(a) a municipal, county, state institution of higher education, or state police force or department;
     (11)(b) a sheriff's office; or
     (11)(c) a municipal, county, or state prosecuting authority. See Utah Code 77-11a-101
Law enforcement agency: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11c-101
Legal costs: means the costs and expenses incurred by a party in a forfeiture action. See Utah Code 77-11b-101
Legislative body: means :
     (12)(a)
          (12)(a)(i) the Legislature, county commission, county council, city commission, city council, or town council that has fiscal oversight and budgetary approval authority over an agency; or
          (12)(a)(ii) the agency's governing political subdivision; or
     (12)(b) the lead governmental entity of a multijurisdictional task force, as designated in a memorandum of understanding executed by the agencies participating in the task force. See Utah Code 77-11a-101
Legislative body: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11b-101
Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
Lien: A claim against real or personal property in satisfaction of a debt.
Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
Lost or mislaid property: includes a firearm or other dangerous weapon received by a law enforcement agency at an airport under Subsection 76-10-529(6). See Utah Code 77-11d-101
Managing judge: means the supervising judge when he retains authority to manage a grand jury, or the district court judge to whom the supervising judge delegates management of a grand jury. See Utah Code 77-10a-1
Medical or forensic entity: means a private or public hospital, medical facility, or other entity that secures biological evidence or conducts forensic examinations related to criminal investigations. See Utah Code 77-11c-101
Mental condition: means the same as that term is defined in Section 76-2-305. See Utah Code 77-16a-101
Mental health facility: means the Utah State Hospital or other facility that provides mental health services under contract with the division, a local mental health authority, or organization that contracts with a local mental health authority. See Utah Code 77-16a-101
Mental health supervision: includes regular and periodic activities including:
     (8)(a) the review of a defendant's assessment, diagnostic formulation, individual service plan development, and progress toward completion of care;
     (8)(b) identification of barriers to a defendant's care, assistance in removing barriers to a defendant's care, continuation of services to a defendant, authorization of care for a defendant, and the observation of the delivery of clinical care to a defendant; and
     (8)(c) the provision of an update report to a court as required under Subsection 77-16a-103(5)(g). See Utah Code 77-16a-101
Mental illness: means the same as that term is defined in Section 26B-5-301. See Utah Code 77-15-2
Metropolitan water district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 6, Metropolitan Water District Act, including an entity that was created and operated as a metropolitan water district under the law in effect before April 30, 2007. See Utah Code 17B-1-102
Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
Mortgagee: The person to whom property is mortgaged and who has loaned the money.
Mosquito abatement district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 7, Mosquito Abatement District Act, including an entity that was created and operated as a mosquito abatement district under the law in effect before April 30, 2007. See Utah Code 17B-1-102
Multijurisdictional task force: means a law enforcement task force or other agency comprised of individuals who are employed by or acting under the authority of different governmental entities, including federal, state, county, or municipal governments, or any combination of federal, state, county, or municipal agencies. See Utah Code 77-11a-101
Municipality: means a city or town. See Utah Code 17B-1-102
Notice of commencement: means a notice required under Section 38-1b-201 for a government project as defined in Section 38-1b-102. See Utah Code 38-1a-102
Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
Offender with a mental condition: means an individual who has been adjudicated guilty with a mental condition. See Utah Code 77-16a-101
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
Oversight: Committee review of the activities of a Federal agency or program.
Owner: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11d-101
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
Owner: means an individual or entity, other than an interest holder, that possesses a bona fide legal or equitable interest in property. See Utah Code 77-11a-101
Owner-builder: means an owner, including an owner who is also an original contractor, who:
(27)(a) contracts with one or more other persons for preconstruction service or construction work for an improvement on the owner's real property; and
(27)(b) obtains a building permit for the improvement. See Utah Code 38-1a-102
Pawn or secondhand business: means the same as that term is defined in Section 13-32a-102. See Utah Code 77-11a-101
Peace officer: means an employee:
     (16)(a) of an agency;
     (16)(b) whose duties consist primarily of the prevention and detection of violations of laws of this state or a political subdivision of this state; and
     (16)(c) who is authorized by the agency to seize property. See Utah Code 77-11a-101
Peace officer: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11b-101
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
Petition: means a petition to request a court to determine whether a defendant is competent to stand trial. See Utah Code 77-15-2
Physical evidence: includes evidence that:
     (22)(a) is related to:
          (22)(a)(i) an investigation;
          (22)(a)(ii) an arrest; or
          (22)(a)(iii) a prosecution that resulted in a judgment of conviction; and
     (22)(b) is in the actual or constructive possession of a law enforcement agency or a court or an agent of a law enforcement agency or a court. See Utah Code 77-11c-101
Plaintiff: The person who files the complaint in a civil lawsuit.
Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. ^Source:
Preconstruction lien: means a lien under this chapter for a preconstruction service. See Utah Code 38-1a-102
Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
Private law: A private bill enacted into law. Private laws have restricted applicability, often addressing immigration and naturalization issues affecting individuals.
Private project: means a construction project that is not a government project. See Utah Code 38-1a-102
Probable cause: A reasonable ground for belief that the offender violated a specific law.
Probate: Proving a will
Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
Proceeds: includes any property of any kind without reduction for expenses incurred in the acquisition, maintenance, or production of that property, or any other purpose regarding property under Subsection (17)(a)(i). See Utah Code 77-11a-101
Proceeds: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11b-101
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
Program: means the State Asset Forfeiture Grant Program created in Section 77-11b-403. See Utah Code 77-11b-101
Progress toward competency evaluation: means an evaluation to determine whether an individual who is receiving restoration treatment is:
     (9)(a) competent to stand trial;
     (9)(b) incompetent to proceed but has a substantial probability of becoming competent to stand trial in the foreseeable future; or
     (9)(c) incompetent to proceed and does not have a substantial probability of becoming competent to stand trial in the foreseeable future. See Utah Code 77-15-2
Project property: means the real property interest on or for which preconstruction service or construction work is or will be provided. See Utah Code 38-1a-102
Property: means all property, whether real or personal, tangible or intangible. See Utah Code 77-11a-101
Property: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11b-101
Property: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11c-101
Property: includes both real and personal property. See Utah Code 68-3-12.5
Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
Prosecuting attorney: means :
     (19)(a) the attorney general and an assistant attorney general;
     (19)(b) a district attorney or deputy district attorney;
     (19)(c) a county attorney or assistant county attorney; and
     (19)(d) an attorney authorized to commence an action on behalf of the state. See Utah Code 77-11a-101
Prosecuting attorney: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11b-101
Prosecuting attorney: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11c-101
Public defender: Represent defendants who can't afford an attorney in criminal matters.
Public interest use: means :
(4)(a) use by a governmental agency as determined by the agency's legislative body; or
(4)(b) donation to a nonprofit charity registered with the state. See Utah Code 77-11d-101
Public interest use: means a:
(20)(a) use by a government agency as determined by the legislative body of the agency's jurisdiction; or
(20)(b) donation of the property to a nonprofit charity registered with the state. See Utah Code 77-11a-101
Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
real property: includes :
     (31)(a) land;
     (31)(b) a tenement;
     (31)(c) a hereditament;
     (31)(d) a water right;
     (31)(e) a possessory right; and
     (31)(f) a claim. 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
Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
Required notice: means :
     (33)(a) a notice of preconstruction service under Section 38-1a-401;
     (33)(b) a preliminary notice under Section 38-1a-501 or Section 38-1b-202;
     (33)(c) a notice of commencement;
     (33)(d) a notice of construction loan under Section 38-1a-601;
     (33)(e) a notice under Section 38-1a-602 concerning a construction loan default;
     (33)(f) a notice of intent to obtain final completion under Section 38-1a-506; or
     (33)(g) a notice of completion under Section 38-1a-507. See Utah Code 38-1a-102
Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
Restoration treatment: means training and treatment that is:
     (10)(a) provided to an individual who is incompetent to proceed;
     (10)(b) tailored to the individual's particular impairment to competency; and
     (10)(c) limited to the purpose of restoring the individual to competency. See Utah Code 77-15-2
Secure setting: means a jail, prison, or locked inpatient medical facility approved by the department. See Utah Code 77-16a-101
Seized property: includes property that the agency seeks to forfeit under Chapter 11b, Forfeiture of Seized Property. See Utah Code 77-11a-101
Seized property: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11b-101
Sequester: To separate. Sometimes juries are sequestered from outside influences during their deliberations.
Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
Sex: means , in relation to an individual, the individual's biological sex, either male or female, at birth, according to distinct reproductive roles as manifested by:
     (34)(a) sex and reproductive organ anatomy;
     (34)(b) chromosomal makeup; and
     (34)(c) endogenous hormone profiles. See Utah Code 68-3-12.5
Sexual assault kit: means the same as that term is defined in Section 53-10-902. See Utah Code 77-11c-101
Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
Special district: means a limited purpose local government entity, as described in Section 17B-1-103, that operates under, is subject to, and has the powers described in:
     (31)(a) this chapter; or
     (31)(b)
          (31)(b)(i) this chapter; and
          (31)(b)(ii)
               (31)(b)(ii)(A) Chapter 2a, Part 1, Cemetery Maintenance District Act;
               (31)(b)(ii)(B) Chapter 2a, Part 2, Drainage District Act;
               (31)(b)(ii)(C) Chapter 2a, Part 3, Fire Protection District Act;
               (31)(b)(ii)(D) Chapter 2a, Part 4, Improvement District Act;
               (31)(b)(ii)(E) Chapter 2a, Part 5, Irrigation District Act;
               (31)(b)(ii)(F) Chapter 2a, Part 6, Metropolitan Water District Act;
               (31)(b)(ii)(G) Chapter 2a, Part 7, Mosquito Abatement District Act;
               (31)(b)(ii)(H) Chapter 2a, Part 8, Public Transit District Act;
               (31)(b)(ii)(I) Chapter 2a, Part 9, Service Area Act;
               (31)(b)(ii)(J) Chapter 2a, Part 10, Water Conservancy District Act;
               (31)(b)(ii)(K) Chapter 2a, Part 11, Municipal Services District Act; or
               (31)(b)(ii)(L) Chapter 2a, Part 13, Infrastructure Financing Districts. See Utah Code 17B-1-102
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
Statute: A law passed by a legislature.
Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
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
Subject: means a person whose conduct is within the scope of the grand jury's investigation, and that conduct exposes the person to possible criminal prosecution. See Utah Code 77-10a-1
Subpoena: A command to a witness to appear and give testimony.
Summons: Another word for subpoena used by the criminal justice system.
Supervising judge: means the district court judge appointed by the presiding officer to supervise the five-judge grand jury panel. See Utah Code 77-10a-1
Supervisory subcontractor: means a person that:
(36)(a) is a subcontractor under contract to provide preconstruction service or construction work; and
(36)(b) contracts with one or more other subcontractors for the other subcontractor or subcontractors to provide preconstruction service or construction work that the person is under contract to provide. See Utah Code 38-1a-102
Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
Testify: Answer questions in court.
Testify: means to make an oral statement under oath or affirmation. See Utah Code 68-3-12.5
Testimony: Evidence presented orally by witnesses during trials or before grand juries.
Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
Trustee: A person or institution holding and administering property in trust.
Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
UDC: means the Department of Corrections. See Utah Code 77-16a-101
Unincorporated: means not included within a municipality. See Utah Code 17B-1-102
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:
     (42)(a) on the day on which the 1953 recodification of the Utah Code was enacted; or
     (42)(b)
          (42)(b)(i) after the day described in Subsection (42)(a); and
          (42)(b)(ii) before the most recent amendment to the referenced portion of the 1953 recodification of the Utah Code. See Utah Code 68-3-12.5
Venue: The geographical location in which a case is tried.
Verdict: The decision of a petit jury or a judge.
Victim: means the same as that term is defined in Section 53-10-902. See Utah Code 77-11c-101
Violent felony offense: means the same as the term "violent felony" is defined in Section Utah Code 77-11c-101
Wildlife: means the same as that term is defined in Section 23A-1-101. See Utah Code 77-11c-101
Writing: includes :
     (48)(a) printing;
     (48)(b) handwriting; and
     (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5