Terms Used In Utah Code > Title 38 > Chapter 1a > Part 5 - Construction Lien Provisions

• 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.
• 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
• 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.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Claimant: means a person entitled to claim a preconstruction or construction lien. 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
• 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
• Contract: A legal written agreement that becomes binding when signed.
• 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
• 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
• Division: means the Division of Professional Licensing created in Section 58-1-103. See Utah Code 38-1a-102
• 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
• 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.
• 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
• 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
• 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
• 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
• 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
• 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
• Lien: A claim against real or personal property in satisfaction of a debt.
• Mental illness: means the same as that term is defined in Section 26B-5-301. See Utah Code 77-15-2
• 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 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
• Petition: means a petition to request a court to determine whether a defendant is competent to stand trial. See Utah Code 77-15-2
• Private project: means a construction project that is not a government project. See Utah Code 38-1a-102
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• 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: includes both real and personal property. See Utah Code 68-3-12.5
• 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
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Registry: means the State Construction Registry under Part 2, State Construction Registry. See Utah Code 38-1a-102
• 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
• Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. 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.