Terms Used In Utah Code > Title 38 > Chapter 1a > Part 5 - Construction 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
• 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.
• 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
• 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.
• 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
• 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.
• 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.
• 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
• 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. 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 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 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. 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. 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 Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial. 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 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 Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.