Section 704 – Sale of property — Redemption — Disposition of proceeds.
38-1a-704. Sale of property — Redemption — Disposition of proceeds. (1) The court shall cause the property to be sold in satisfaction of the liens and costs as in the case of a foreclosure of a mortgage, subject to the same right of redemption. (2) If the proceeds of sale after the payment of costs […]
Section 705 – Deficiency judgment.
38-1a-705. Deficiency judgment. A claimant whose preconstruction or construction lien is not paid in full through an enforcement action as provided in this part may: (1) have judgment for the unpaid balance entered against the person liable; and (2) execute on the judgment in the same manner as execution on judgments generally. Enacted by Chapter […]
Section 706 – Apportionment of costs — Costs and attorney fees to subcontractor.
38-1a-706. Apportionment of costs — Costs and attorney fees to subcontractor. (1) Except as provided in Section 38-11-107, the court shall apportion costs between the owner and original contractor according to the right of the case. (2) The court shall award a subcontractor with a valid preconstruction or construction lien: (a) all of the subcontractor’s […]
Section 707 – Attorney fees — Offer of judgment.
38-1a-707. Attorney fees — Offer of judgment. (1) Except as provided in Section 38-11-107 and in Subsection (2), in any action brought to enforce any lien under this chapter the successful party shall be entitled to recover reasonable attorney fees, to be fixed by the court, which shall be taxed as costs in the action. […]
Section 801 – Preconstruction and construction liens assignable — Action by assignee to enforce lien.
38-1a-801. Preconstruction and construction liens assignable — Action by assignee to enforce lien. (1) A preconstruction lien or construction lien is assignable as any other chose in action. (2) An assignee of a preconstruction lien or construction lien may, in the assignee’s own name, commence and prosecute an action on the lien as provided in […]
Section 802 – Waiver or limitation of a lien right — Forms — Scope.
38-1a-802. Waiver or limitation of a lien right — Forms — Scope. (1) As used in this section: (a) “Check” means a payment instrument on a depository institution including: (i) a check; (ii) a draft; (iii) an order; or (iv) other instrument. (b) “Depository institution” is as defined in Section 7-1-103. (c) “Receives payment” means, […]
Section 803 – Cancellation of preconstruction or construction lien — Penalty for failure to cancel timely.
38-1a-803. Cancellation of preconstruction or construction lien — Penalty for failure to cancel timely. (1) After the full amount owing under a preconstruction or construction lien, including costs and cancellation fees, has been paid, a person interested in the property that is the subject of the lien may request the claimant to submit for recording […]
Section 804 – Notice of release of lien and substitution of alternate security.
Effective 5/12/2020 38-1a-804. Notice of release of lien and substitution of alternate security. (1) The owner of any interest in a project property that is subject to a recorded preconstruction or construction lien, or any original contractor or subcontractor affected by the lien, who disputes the correctness or validity of the lien may submit for […]
Section 805 – Failure to file notice — Petition to nullify preconstruction or construction lien — Expedited proceeding.
Effective 5/12/2015 38-1a-805. Failure to file notice — Petition to nullify preconstruction or construction lien — Expedited proceeding. (1) An owner of an interest in a project property that is subject to a recorded preconstruction lien or a recorded construction lien may petition the district court in the county in which the project property is […]
Section 601 – Notice of construction loan.
38-1a-601. Notice of construction loan. (1) After recording a mortgage or trust deed securing a construction loan on a private project, the construction lender on the loan shall promptly, in conjunction with the closing of the construction loan, file with the registry a notice of construction loan. (2) A notice under Subsection (1) shall accurately […]