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 201 – Residence Lien Recovery Fund.
Effective 5/12/2020 38-11-201. Residence Lien Recovery Fund. (1) There is created an expendable special revenue fund called the “Residence Lien Recovery Fund.” (2) The fund shall earn interest. (3) The division shall employ personnel and resources necessary to administer the fund and shall use fund money in accordance with Sections 38-11-203 and 38-11-204 and to […]
Section 202 – Payments to the fund.
Effective 5/12/2020 38-11-202. Payments to the fund. Beginning on May 8, 2018, the Residence Lien Recovery Fund will no longer be supported by special assessments and will be solely supported by: (1) fees determined by the division under Section 63J-1-504 collected from laborers under Subsection 38-11-204(7) when the laborers obtain a recovery from the fund; […]
Section 203 – Disbursements from the fund — Limitations.
Effective 5/8/2018 38-11-203. Disbursements from the fund — Limitations. (1) A payment of any claim upon the fund by a qualified beneficiary shall be made only upon an order issued by the director finding that: (a) the claimant was a qualified beneficiary during the construction on a residence; (b) the claimant complied with the requirements […]
Section 115 – Prohibition against removal of property covered by lien — Penalty.
38-10-115. Prohibition against removal of property covered by lien — Penalty. Any person who removes or causes to be removed any property covered by a validly perfected lien created by this chapter without the written consent of the lien claimant and with the intent to defraud the lien claimant is guilty of a class A […]
Section 108 – Limitation upon owner’s liability.
38-10-108. Limitation upon owner’s liability. Except as provided in Section 38-10-102 and Section 38-10-114, nothing in this chapter shall be construed to fix a greater liability against the owner than the price or sum agreed by the owner to be paid for his share of the work performed or the materials or equipment furnished. Enacted […]
Section 109 – Limitation on liability for other owners in production unit if notice provided — Contents of notice — Filing of notice — Time for filing — Failure to file does not affect other defenses.
38-10-109. Limitation on liability for other owners in production unit if notice provided — Contents of notice — Filing of notice — Time for filing — Failure to file does not affect other defenses. (1) Where work is performed or materials or equipment are furnished for any production unit under a contract with an owner […]
Section 110 – Cancellation of lien.
38-10-110. Cancellation of lien. Cancellation of the liens provided for in this chapter shall be in accordance with the provisions of Section 38-1a-803. Amended by Chapter 278, 2012 General Session
Section 111 – Abuse of lien right — Penalty.
38-10-111. Abuse of lien right — Penalty. An abuse of the lien rights provided for in this chapter is governed by Section 38-1a-308. Amended by Chapter 278, 2012 General Session