§ 38-1a-301 Those entitled to lien — What may be attached
§ 38-1a-302 Land covered by lien — Multiple lots occupied by improvement — What a lien attaches to
§ 38-1a-303 Limits on attachment, garnishment, and execution levy — Subcontractor lien not affected by payments, debts, offsets, and counterclaims involving other parties
§ 38-1a-304 Liens on multiple properties in one claim
§ 38-1a-305 Payments applied first to preconstruction lien
§ 38-1a-306 Substantial compliance
§ 38-1a-307 Contesting certain notices
§ 38-1a-308 Intentional submission of excessive lien notice — Criminal and civil liability
§ 38-1a-309 Interest rate — Preconstruction service or construction contract — Lien

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Terms Used In Utah Code > Title 38 > Chapter 1a > Part 3 - Provisions Applicable to Preconstruction Liens and Construction Liens

  • Allegation: something that someone says happened.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • 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.
  • Claimant: means a person entitled to claim a preconstruction or construction lien. See Utah Code 38-1a-102
  • Construction lien: means a lien under this chapter for construction work. 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
  • Contract: A legal written agreement that becomes binding when signed.
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Division: means the Division of Professional Licensing created in Section 58-1-103. See Utah Code 38-1a-102
  • Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
  • 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.
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • 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
  • 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
  • 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.
  • Interest holder: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11d-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
  • 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.
  • 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
  • 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
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • 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 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-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
  • 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
  • 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.
  • Preconstruction lien: means a lien under this chapter for a preconstruction service. See Utah Code 38-1a-102
  • Private law: A private bill enacted into law. Private laws have restricted applicability, often addressing immigration and naturalization issues affecting individuals.
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • 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: includes both real and personal property. See Utah Code 68-3-12.5
  • 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
  • Registry: means the State Construction Registry under Part 2, State Construction Registry. See Utah Code 38-1a-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
  • 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
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Verdict: The decision of a petit jury or a judge.
  • 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