Section 107 – Restrictions upon maintaining a lien against residence or owner’s interest in the residence.
38-11-107. Restrictions upon maintaining a lien against residence or owner’s interest in the residence. (1) (a) A person qualified to file a lien upon an owner-occupied residence and the real property associated with that residence under Chapter 1a, Preconstruction and Construction Liens, who provides qualified services under an agreement, other than directly with the owner, […]
Section 108 – Notification of rights under chapter.
38-11-108. Notification of rights under chapter. (1) Beginning July 1, 1995, the original contractor or real estate developer shall state in the written contract with the owner what actions are necessary for the owner to be protected under Section 38-11-107 from the maintaining of a mechanic’s lien or other civil action against the owner or […]
Section 109 – Severability clause.
38-11-109. Severability clause. If any provision of this chapter is held invalid or unconstitutional by a court of competent jurisdiction, the invalidity shall not affect the other provisions of this chapter which can be given effect without the invalid or unconstitutional provision. Enacted by Chapter 193, 1999 General Session
Section 110 – Issuance of certificates of compliance.
38-11-110. Issuance of certificates of compliance. (1) (a) The director may issue a certificate of compliance only after determining through an informal proceeding, as set forth in Title 63G, Chapter 4, Administrative Procedures Act: (i) that the owner is in compliance with Subsections 38-11-204(4)(a) and (b); or (ii) subject to Subsection (2), that the owner […]
Section 103 – Administration.
Effective 5/4/2022 38-11-103. Administration. This chapter shall be administered by the Division of Professional Licensing pursuant to the provisions of this chapter and consistent with Title 58, Chapter 1, Division of Occupational and Professional Licensing Act. Amended by Chapter 415, 2022 General Session
Section 105 – Procedures established by rule.
Effective 5/8/2018 38-11-105. Procedures established by rule. In compliance with Title 63G, Chapter 4, Administrative Procedures Act, the division shall establish procedures by rule by which claims for compensation from the fund and requests for certificates of compliance shall be adjudicated. Amended by Chapter 229, 2018 General Session
Section 106 – State not liable.
Effective 5/8/2018 38-11-106. State not liable. The state and the state’s agencies, instrumentalities, and political subdivisions are not liable for: (1) issuance or denial of any certificate of compliance; (2) any claims made against the fund; or (3) failure of the fund to pay any amounts ordered by the director to be paid from the […]