Section 207 – Reimbursement to the fund.
38-11-207. Reimbursement to the fund. (1) If the director disburses money from the fund as a result of a person licensed under Title 58, Chapter 55, Utah Construction Trades Licensing Act, or a qualified beneficiary failing to pay qualified beneficiaries: (a) the division shall issue a notice of the disbursement from the fund and the […]
Section 301 – Registration as a qualified beneficiary — Initial regular assessment — Affidavit.
Effective 5/8/2018 38-11-301. Registration as a qualified beneficiary — Initial regular assessment — Affidavit. (1) A person licensed as of July 1, 1995, as a contractor under the provisions of Title 58, Chapter 55, Utah Construction Trades Licensing Act, in license classifications that regularly engage in providing qualified services shall be automatically registered as a […]
Section 102 – Notice requirements for lien filings — Exceptions.
Effective 5/13/2014 38-12-102. Notice requirements for lien filings — Exceptions. (1) A lien claimant or the lien claimant’s agent shall send by certified mail a written copy of a notice of lien to the last-known address of the person against whom the notice of lien is filed no later than 30 days after the day […]
Section 103 – Failure to notify — Effect — Penalty.
38-12-103. Failure to notify — Effect — Penalty. (1) (a) A person who fails to meet the notice requirements of Subsections 38-12-102(1) and (2) is precluded from receiving an award of costs and attorneys’ fees from the person against whom a notice of lien has been filed in an action to enforce the lien if […]
Section 104 – Independent grounds for imposing a lien not created.
38-12-104. Independent grounds for imposing a lien not created. The provisions of this chapter do not create independent grounds for imposing a lien. Enacted by Chapter 323, 1995 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 […]
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 […]