Terms Used In Utah Code > Title 38 > Chapter 1a > Part 1 - General Provisions

• 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.
• Arrest: Taking physical custody of a person by lawful authority.
• 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
• 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 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 Contract: A legal written agreement that becomes binding when signed. 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 Division: means the Division of Professional Licensing created in Section 58-1-103. 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. 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 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 Interested person: means a person that may be affected by a construction project. See Utah Code 38-1a-102 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. Lien: A claim against real or personal property in satisfaction of a debt. 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 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 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 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 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 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 Writing: includes :Utah Code 68-3-12.5