Terms Used In Utah Code > Title 38 > Chapter 1a > Part 3 - Provisions Applicable to Preconstruction Liens and Construction Liens

• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• 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.
• Claimant: means a person entitled to claim a preconstruction or construction lien. See Utah Code 38-1a-102
• Construction lien: means a lien under this chapter for construction work. 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.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• 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
• 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.
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• 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
• 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 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 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. Land: includes :Utah Code 68-3-12.5 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. Mortgage: The written agreement pledging property to a creditor as collateral for a loan. 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 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 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 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 Registry: means the State Construction Registry under 2. 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. 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 Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Verdict: The decision of a petit jury or a judge. Writing: includes :Utah Code 68-3-12.5