§ 38-1a-401 Notice of preconstruction service
§ 38-1a-402 Notice of preconstruction lien — Requirements
§ 38-1a-403 Effective time and priority of preconstruction lien — Subordination to bona fide loan
§ 38-1a-404 When preconstruction service considered complete
§ 38-1a-405 Preconstruction liens on equal footing

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Terms Used In Utah Code > Title 38 > Chapter 1a > Part 4 - Preconstruction Lien Provisions

  • 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
  • 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
  • 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
  • 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
  • Claimant: means a person entitled to claim a preconstruction or construction lien. See Utah Code 38-1a-102
  • Construction lender: means a person who makes a construction loan. See Utah Code 38-1a-102
  • Contract: A legal written agreement that becomes binding when signed.
  • 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.
  • 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.
  • 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
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • 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
  • Person: means :Utah Code 68-3-12.5
  • 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
  • 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
  • Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
  • 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
  • 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
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.