(1)  As used in this section, “third party” means an owner, an original contractor, a subcontractor, or any interested party.

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Terms Used In Utah Code 38-1a-209

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • 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 :Utah Code 68-3-12.5
  • Registry: means the State Construction Registry under 2. 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)  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 other interested party; or

(c)  to procure an unjustified advantage or benefit.

(3)  A person who abuses the registry as described in Subsection (2) is liable to a third party who is affected by the notice for twice the amount of the actual damages incurred by the third party or $2,000, whichever is greater.

Renumbered and Amended by Chapter 278, 2012 General Session

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