(1)  Construction liens on a project property are on an equal footing with one another, regardless of when the notices of construction lien relating to the construction liens are submitted for recording and regardless of when construction work for which the liens are claimed is provided.

contract signature

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Terms Used In Utah Code 38-1a-504

  • Construction lender: means a person who makes a construction loan. See Utah Code 38-1a-102
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • 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
(2)  Subsection (1) relates to the relationship between claimants’ construction liens and does not affect the priority of a construction lender‘s mortgage or trust deed, as established under this chapter.

Enacted by Chapter 278, 2012 General Session

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