(1)  Except as provided in Section 38-11-107, the court shall apportion costs between the owner and original contractor according to the right of the case.

contract signature

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Terms Used In Utah Code 38-1a-706

  • Construction lien: means a lien under this chapter for construction work. See Utah Code 38-1a-102
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • 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
  • Subcontractor: means a person that contracts to provide preconstruction service or construction work to:
(a) a person other than the owner; or
(b) the owner, if the owner is an owner-builder. See Utah Code 38-1a-102
(2)  The court shall award a subcontractor with a valid preconstruction or construction lien:

(a)  all of the subcontractor’s costs, including the costs of preparing and recording the notice of preconstruction or construction lien; and

(b)  the subcontractor’s reasonable attorney fees incurred in preparing and recording the notice of preconstruction or construction lien.

Enacted by Chapter 278, 2012 General Session

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