Utah Code § 38-1a-101
Title
This chapter is known as "Preconstruction and Construction Liens."
Utah Code Title 38 — Liens
Utah · statute · Utah Code tit. 38 · 163 active provisions
Provisions
Utah Code § 38-1a-102
Definitions
As used in this chapter: (1) "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. (2) "Anticipated improvement" means an improvement: (a) for which preconstruction service is performed; and (b) tha…
Utah Code § 38-1a-103
Government projects not subject to chapter -- Exception
Except as provided in Section 38-1a-102, Part 2, State Construction Registry, and Chapter 1b, Government Construction Projects, this chapter does not apply to a government project, as defined in Section 38-1b-102.
Utah Code § 38-1a-104
Owner-builder original contract -- Owner-builder as original contractor
For purposes of this chapter: (1) an original contract is considered to exist between an owner-builder as owner and the owner-builder as original contractor; and (2) in addition to being an owner, an owner-builder is considered to be an original contractor.
Utah Code § 38-1a-105
No waiver of rights -- Exception
(1) (a) A right or privilege under this chapter may not be waived or limited by contract. (b) A provision of a contract purporting to waive or limit a right or privilege under this chapter is void. (2) Notwithstanding Subsection (1), a claimant may waive or limit, in whole or in part, a lien right under this chapter in…
Utah Code § 38-1a-201
Establishment of State Construction Registry -- Filing index
(1) Subject to receiving adequate funding through a legislative appropriation and contracting with an approved third party vendor as provided in Section 38-1a-202, the division shall establish and maintain the State Construction Registry to: (a) (i) assist in protecting public health, safety, and welfare; and (ii) prom…
Utah Code § 38-1a-202
Contract to establish and maintain registry -- Designated agent -- Rules -- Duties of designated agent -- Limit of liability
(1) (a) The division shall contract, in accordance with Title 63G, Chapter 6a, Utah Procurement Code, with a third party to establish and maintain the registry for the purposes established under this part. (b) The designated agent is not an agency, instrumentality, or political subdivision of the state. (2) (a) The thi…
Utah Code § 38-1a-203
Filings with the registry
(1) The division and the designated agent need not determine the timeliness of any notice before filing the notice in the registry. (2) A notice filed by a third party on behalf of another is considered to be filed by the person on whose behalf the notice is filed. (3) A person filing a notice of commencement, prelimin…
Utah Code § 38-1a-204
Notification of filings with the registry
(1) The designated agent shall provide notification of the filing of a required notice relating to an anticipated improvement or construction project to: (a) the person filing the required notice, unless the person indicates to the division or designated agent that the person does not want to receive notification; and…
Utah Code § 38-1a-205
Building permit -- Transmission to registry -- Posting at project site
(1) (a) A county, city, or town issuing a building permit for a private project: (i) shall, no later than 15 days after issuing the permit, input the building permit application and transmit the building permit information to the registry electronically by way of the Internet or computer modem or by any other means; an…
Utah Code § 38-1a-206
Registry fees
(1) In accordance with the process required by Section 63J-1-504, the division shall establish the fees for: (a) required notices, whether filed electronically or by alternate means; (b) a request for notification under Section 38-1a-204; (c) providing notification of a required notice, whether electronically or by alt…
Utah Code § 38-1a-207
Registry classification
(1) The registry is classified as a public record under Title 63G, Chapter 2, Government Records Access and Management Act, unless the division classifies it otherwise. (2) A request for information submitted to the designated agent is not subject to Title 63G, Chapter 2, Government Records Access and Management Act. (…
Utah Code § 38-1a-208
Actions that are not adjudicative proceedings
None of the following is an adjudicative proceeding under Title 63G, Chapter 4, Administrative Procedures Act: (1) the filing of a notice permitted or required by this chapter; (2) the rejection of a filing permitted or required by this chapter; or (3) other action by the designated agent in connection with a filing of…
Utah Code § 38-1a-209
Abuse of registry -- Penalty
(1) As used in this section, "third party" means an owner, an original contractor, a subcontractor, or any interested party. (2) A person abuses the registry if that person files a notice in the registry: (a) without a good faith basis for doing so; (b) with the intent to exact more than is due from the owner or any ot…
Utah Code § 38-1a-210
Limitation of liability
(1) The state and the state's agencies, instrumentalities, political subdivisions, and an employee of a governmental entity are immune from suit for any injury resulting from the registry. (2) The designated agent and its principals, agents, and employees are not liable to any person for the accuracy, coherence, suitab…
Utah Code § 38-1a-211
Limit on notice effect of document filing in the registry
The filing of a document in the registry is not intended to give notice to all persons of the content of the document within the meaning of Section 57-3-102 and does not constitute constructive notice of matters relating to real property to purchasers for value and without knowledge.
Utah Code § 38-1a-301
Those entitled to lien -- What may be attached
(1) Except as provided in Section 38-11-107, a person who provides preconstruction service or construction work on or for a project property has a lien on the project property for the reasonable value of the preconstruction service or construction work, respectively, as provided in this chapter. (2) A person may claim…
Utah Code § 38-1a-302
Land covered by lien -- Multiple lots occupied by improvement -- What a lien attaches to
(1) A preconstruction or construction lien extends to and covers as much of the land on which the improvement is made as necessary for the convenient use and occupation of the land. (2) If an improvement occupies two or more lots or other subdivisions of land, the lots or subdivisions are considered as one for the purp…
Utah Code § 38-1a-303
Limits on attachment, garnishment, and execution levy -- Subcontractor lien not affected by payments, debts, offsets, and counterclaims involving other parties
(1) An assignment, attachment, or garnishment of or encumbrance or execution levy on money that an owner owes to an original contractor is not valid as against a subcontractor's preconstruction or construction lien. (2) An assignment, attachment, or garnishment of or encumbrance or execution levy on money that an origi…
Utah Code § 38-1a-304
Liens on multiple properties in one claim
(1) A claimant may claim a preconstruction or construction lien against two or more improvements owned by the same person. (2) If a claimant claims a preconstruction or construction lien against two or more improvements owned by the same person, the claimant shall designate the amount claimed to be due on each of the i…
Utah Code § 38-1a-305
Payments applied first to preconstruction lien
Unless an agreement waiving or limiting a right under a preconstruction or construction lien expressly provides that a payment is required to be applied to a specific lien, mortgage, or encumbrance, a payment to a person claiming both a preconstruction lien and a construction lien shall be applied first to the preconst…
Utah Code § 38-1a-306
Substantial compliance
(1) Substantial compliance with the requirements of this chapter is sufficient to claim, as applicable, a preconstruction lien or a construction lien. (2) Subsection (1) may not be construed to excuse compliance with or affect the requirement to file: (a) a notice of preconstruction service as provided in Section 38-1a…
Utah Code § 38-1a-307
Contesting certain notices
(1) A contesting person who believes that a contestable notice lacks proper basis and is therefore invalid may request from the person who filed the notice evidence establishing the validity of the notice. (2) Within 10 days after receiving a request under Subsection (1), the person who filed the contestable notice sha…
Utah Code § 38-1a-308
Intentional submission of excessive lien notice -- Criminal and civil liability
(1) As used in this section, "residential project" means a project on real property: (a) for which a preconstruction service or construction work is provided; and (b) that consists of: (i) one single-family residence; or (ii) one multi-family residence that contains no more than four units. (2) A person is guilty of a…
Utah Code § 38-1a-309
Interest rate -- Preconstruction service or construction contract -- Lien
(1) Subject to Subsection (2), the interest rate that applies to a lawful contract for preconstruction service or construction work on or for a project property, or to a lien claimed under this chapter against the project property, is, unless otherwise provided in the lawful contract, the rate described in Subsection 1…
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