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 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 […]
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 – 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
Section 112 – Assignment of lien.
38-10-112. Assignment of lien. An assignment of the liens provided for in this chapter is governed by Section 38-1a-801. Amended by Chapter 278, 2012 General Session