Terms Used In Utah Code > Title 38 > Chapter 1a - Preconstruction and Construction Liens

• Adjudicative proceeding: means :Utah Code 68-3-12.5
• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Alternate means: means a method of filing a legible and complete notice or other document with the registry other than electronically, as established by the division by rule. See Utah Code 38-1a-102
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Anticipated improvement: means an improvement:

  (a)	for which preconstruction service is performed; and

  (b)

  that is anticipated to follow the performing of preconstruction service. See Utah Code 38-1a-102 Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant. Applicable county recorder: means the office of the recorder of each county in which any part of the property on which a claimant claims or intends to claim a preconstruction or construction lien is located. See Utah Code 38-1a-102 Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty. Arrest: Taking physical custody of a person by lawful authority. Attachment: A procedure by which a person's property is seized to pay judgments levied by the court. Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed. Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings. Bona fide loan: means a loan to an owner or owner-builder by a lender in which the owner or owner-builder has no financial or beneficial interest greater than 5% of the voting shares or other ownership interest. See Utah Code 38-1a-102 Chief executive officer: means a person appointed by the board of trustees of a small public transit district to serve as chief executive officer. See Utah Code 17B-2a-802 City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Claimant: means a person entitled to claim a preconstruction or construction lien. See Utah Code 38-1a-102 Clerk of the court: means the state court administrator or his designee. See Utah Code 77-10a-1 Compensation: means the payment of money for a service rendered or an expense incurred, whether based on: (a)  time and expense, lump sum, stipulated sum, percentage of cost, cost plus fixed or percentage fee, or commission; or (b)  a combination of the bases listed in Subsection (6)(a). See Utah Code 38-1a-102 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Construction lender: means a person who makes a construction loan. See Utah Code 38-1a-102 Construction lien: means a lien under this chapter for construction work. See Utah Code 38-1a-102 Construction project: means an improvement that is constructed pursuant to an original contract. See Utah Code 38-1a-102 Contestable notice: means a notice of preconstruction service under Section 38-1a-401, a preliminary notice under Section 38-1a-501, or a notice of completion under Section 38-1a-506. See Utah Code 38-1a-102 Contesting person: means an owner, original contractor, subcontractor, or other interested person. See Utah Code 38-1a-102 Contract: A legal written agreement that becomes binding when signed. Conviction: A judgement of guilt against a criminal defendant. Counterclaim: A claim that a defendant makes against a plaintiff. County legislative body: means :Utah Code 68-3-12.5 Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request. Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Deed: The legal instrument used to transfer title in real property from one person to another. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Department: means the Department of Transportation created in Section 72-1-201. See Utah Code 17B-2a-802 Designated agent: means the third party the division contracts with as provided in Section 38-1a-202 to create and maintain the registry. See Utah Code 38-1a-102 Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. Dismissal: The dropping of a case by the judge without further consideration or hearing. Source: Division: means the Division of Professional Licensing created in Section 58-1-103. See Utah Code 38-1a-102 Entry number: means the reference number that: (a)  the designated agent assigns to each notice or other document filed with the registry; and (b)  is unique for each notice or other document. See Utah Code 38-1a-102 Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Executive director: means a person appointed by the board of trustees of a large public transit district to serve as executive director. See Utah Code 17B-2a-802 Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state. Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it. Final completion: means : (a)  the date of issuance of a permanent certificate of occupancy by the local government entity having jurisdiction over a construction project, if a permanent certificate of occupancy is required; (b)  the date of the final inspection of construction work by the local government entity having jurisdiction over a construction project, if an inspection is required under a state-adopted building code applicable to the construction work, but no certificate of occupancy is required; (c)  unless the owner is holding payment to ensure completion of construction work, the date on which there remains no substantial work to be completed to finish the construction work under the original contract, if a certificate of occupancy is not required and a final inspection is not required under an applicable state-adopted building code; or (d)  the last date on which substantial work was performed under the original contract, if, because the original contract is terminated before completion of the construction work defined by the original contract, the local government entity having jurisdiction over a construction project does not issue a certificate of occupancy or perform a final inspection. See Utah Code 38-1a-102 Final lien waiver: means a form that complies with Subsection 38-1a-802(4)(c). See Utah Code 38-1a-102 First preliminary notice filing: means a preliminary notice that: (a)  is the earliest preliminary notice filed on a construction project for which the preliminary notice is filed; (b)  is filed on a construction project that, at the time the preliminary notice is filed, has not reached final completion; and (c)  is not canceled under Section 38-1a-307. See Utah Code 38-1a-102 Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006. Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor General manager: means a person appointed by the board of trustees of a small public transit district to serve as general manager. See Utah Code 17B-2a-802 Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage, Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs. Guardian: includes a person who:Utah Code 68-3-12.5 Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court. Highway: includes :Utah Code 68-3-12.5 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 Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies. Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC Interested person: means a person that may be affected by a construction project. See Utah Code 38-1a-102 Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit. Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. Juror: A person who is on the jury. Land: includes :Utah Code 68-3-12.5 Large public transit district: means a public transit district that provides public transit to an area that includes: (a)  more than 65% of the population of the state based on the most recent official census or census estimate of the United States Census Bureau; and (b)  two or more counties. See Utah Code 17B-2a-802 Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity. Lien: A claim against real or personal property in satisfaction of a debt. Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. Managing judge: means the supervising judge when he retains authority to manage a grand jury, or the district court judge to whom the supervising judge delegates management of a grand jury. See Utah Code 77-10a-1 Mortgage: The written agreement pledging property to a creditor as collateral for a loan. Mosquito abatement district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 7, Mosquito Abatement District Act, including an entity that was created and operated as a mosquito abatement district under the law in effect before April 30, 2007. See Utah Code 17B-1-102 Municipality: means a city, town, or metro township. See Utah Code 17B-1-102 Notice of commencement: means a notice required under Section 38-1b-201 for a government project as defined in Section 38-1b-102. See Utah Code 38-1a-102 Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period. 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 Oversight: Committee review of the activities of a Federal agency or program. 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 Owner-builder: means an owner, including an owner who is also an original contractor, who: (a)  contracts with one or more other persons for preconstruction service or construction work for an improvement on the owner's real property; and (b)  obtains a building permit for the improvement. See Utah Code 38-1a-102 Person: means :Utah Code 68-3-12.5 Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or other legal entity. See Utah Code 17B-1-102 Plaintiff: The person who files the complaint in a civil lawsuit. Preconstruction lien: means a lien under this chapter for a preconstruction service. See Utah Code 38-1a-102 Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial. Presiding officer: means the presiding officer of the Judicial Council. See Utah Code 77-10a-1 Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents. Private project: means a construction project that is not a government project. See Utah Code 38-1a-102 Probable cause: A reasonable ground for belief that the offender violated a specific law. Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5 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 Property: includes both real and personal property. See Utah Code 68-3-12.5 Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government. Public entity: means : (a)  the United States or an agency of the United States; (b)  the state or an agency of the state; (c)  a political subdivision of the state or an agency of a political subdivision of the state; (d)  another state or an agency of that state; or (e)  a political subdivision of another state or an agency of that political subdivision. See Utah Code 17B-1-102 Public transit: means regular, continuing, shared-ride, surface transportation services that are open to the general public or open to a segment of the general public defined by age, disability, or low income. See Utah Code 17B-2a-802 Public transit district: means a special district that provides public transit services. See Utah Code 17B-2a-802 Quorum: The number of legislators that must be present to do business. real property: includes :Utah Code 68-3-12.5 Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. Registry: means the State Construction Registry under 2. See Utah Code 38-1a-102 Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals). Required notice: means : (a)  a notice of preconstruction service under Section 38-1a-401; (b)  a preliminary notice under Section 38-1a-501 or Section 38-1b-202; (c)  a notice of commencement; (d)  a notice of construction loan under Section 38-1a-601; (e)  a notice under Section 38-1a-602 concerning a construction loan default; (f)  a notice of intent to obtain final completion under Section 38-1a-506; or (g)  a notice of completion under Section 38-1a-507. See Utah Code 38-1a-102 Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5 Small public transit district: means any public transit district that is not a large public transit district. See Utah Code 17B-2a-802 Special district: means a limited purpose local government entity, as described in Section 17B-1-103, that operates under, is subject to, and has the powers described in: (a)  this chapter; or (b)  (i)  this chapter; and (ii)  (A)  1; (B)  2; (C)  3; (D)  4; (E)  5; (F)  6; (G)  7; (H)  8; (I)  9; (J)  10; or (K)  11. See Utah Code 17B-1-102 State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5 Statute: A law passed by a legislature. 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 Subject: means a person whose conduct is within the scope of the grand jury's investigation, and that conduct exposes the person to possible criminal prosecution. See Utah Code 77-10a-1 Subpoena: A command to a witness to appear and give testimony. Summons: Another word for subpoena used by the criminal justice system. Supervising judge: means the district court judge appointed by the presiding officer to supervise the five-judge grand jury panel. See Utah Code 77-10a-1 Supervisory subcontractor: means a person that: (a)  is a subcontractor under contract to provide preconstruction service or construction work; and (b)  contracts with one or more other subcontractors for the other subcontractor or subcontractors to provide preconstruction service or construction work that the person is under contract to provide. See Utah Code 38-1a-102 Swear: includes "affirm. See Utah Code 68-3-12.5 Target: means a person regarding whom the attorney for the state, the special prosecutor, or the grand jury has substantial evidence that links that person to the commission of a crime and who could be indicted or charged with that crime. See Utah Code 77-10a-1 Testify: means to make an oral statement under oath or affirmation. See Utah Code 68-3-12.5 Testify: Answer questions in court. Testimony: Evidence presented orally by witnesses during trials or before grand juries. Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition. Transit vehicle: means a passenger bus, coach, railcar, van, or other vehicle operated as public transportation by a public transit district. See Utah Code 17B-2a-802 Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Trustor: The person who makes or creates a trust. Also known as the grantor or settlor. Unincorporated: means not included within a municipality. See Utah Code 17B-1-102 United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Verdict: The decision of a petit jury or a judge. Voir dire: The process by which judges and lawyers select a petit jury from among those eligible to serve, by questioning them to determine knowledge of the facts of the case and a willingness to decide the case only on the evidence presented in court. "Voir dire" is a phrase meaning "to speak the truth." Witness: means a person who appears before the grand jury either voluntarily or pursuant to subpoena for the purpose of providing testimony or evidence for the grand jury's use in discharging its responsibilities. See Utah Code 77-10a-1 Writing: includes :Utah Code 68-3-12.5