All unpaid construction funds are payable to the contractor as provided in Section 13-8-5.
Terms Used In Utah Code 58-55-602
Contractor: means any person who for compensation other than wages as an employee undertakes any work in the construction, plumbing, or electrical trade for which licensure is required under this chapter and includes:
(i)
a person who builds any structure on the person's own property for the purpose of sale or who builds any structure intended for public use on the person's own property;
(ii)
any person who represents that the person is a contractor, or will perform a service described in this Subsection (17)by advertising on a website or social media, or any other means;
(iii)
any person engaged as a maintenance person, other than an employee, who regularly engages in activities set forth under the definition of "construction trade";
(iv)
any person engaged in, or offering to engage in, any construction trade for which licensure is required under this chapter; or
(v)
a construction manager, construction consultant, construction assistant, or any other person who, for a fee:
(A)
performs or offers to perform construction consulting;
(B)
performs or offers to perform management of construction subcontractors;
(C)
provides or offers to provide a list of subcontractors or suppliers; or
(D)
provides or offers to provide management or counseling services on a construction project. See Utah Code 58-55-102
(2)
On projects involving multiple buildings, each building shall be considered individually in determining the amount to be paid the contractor.
(3)
Partial occupancy of a building requires payment in direct proportion to the value of the part of the building occupied.
(4)
If any payment is retained or withheld, it shall be retained or withheld and released as provided in Section 13-8-5.
