(1)  Materials provided for use in a construction project are not subject to attachment, execution, or other legal process to enforce a debt owed by the purchaser of the materials, if the materials are in good faith about to be applied to the construction, alteration, or repair of an improvement that is the subject of the construction project.

contract signature

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Terms Used In Utah Code 38-1a-505

  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Construction project: means an improvement that is constructed pursuant to an original contract. See Utah Code 38-1a-102
  • Improvement: means :
(a) a building, infrastructure, utility, or other human-made structure or object constructed on or for and affixed to real property; or
(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
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
    • (2)  Subsection (1) does not apply to an attachment, execution, or other legal process to enforce a debt incurred to purchase the materials described in Subsection (1).

    Enacted by Chapter 278, 2012 General Session

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