Section 113 – Satisfaction of lien upon filing corporate surety bond or letter of credit — Payment to lien claimant upon entry of judgment — Filing — Commencement time for action upon bond or undertaking.
38-10-113. Satisfaction of lien upon filing corporate surety bond or letter of credit — Payment to lien claimant upon entry of judgment — Filing — Commencement time for action upon bond or undertaking. (1) Any lien created under this chapter is satisfied and shall be cancelled upon the owner filing in recordable form, a corporate […]
Section 114 – Attorney fees.
38-10-114. Attorney fees. An award of attorney fees in an action to enforce any lien in this chapter is governed by Section 38-1a-707. Amended by Chapter 278, 2012 General Session
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 102 – Those entitled to lien — What may be attached — Qualifying work, materials, equipment, and costs — Liability of nonoperating owners.
38-10-102. Those entitled to lien — What may be attached — Qualifying work, materials, equipment, and costs — Liability of nonoperating owners. (1) Contractors and subcontractors shall have a lien upon the interest of the owner in: (a) the production unit and access rights appurtenant thereto; (b) pipelines, including rights of way, buildings, wells, oil […]
Section 102.1 – Perfection of lien — Notice of subcontractor’s claim — Information required to be provided — Payments to be held in trust.
38-10-102.1. Perfection of lien — Notice of subcontractor’s claim — Information required to be provided — Payments to be held in trust. (1) (a) To perfect a lien a subcontractor must comply with the requirements of this section and Section 38-10-105. (b) This section shall apply only to a subcontractor’s claim or a portion of […]
Section 103 – Nonimpairment of lien attached to estate less than fee or to equitable or legal contingent interest.
38-10-103. Nonimpairment of lien attached to estate less than fee or to equitable or legal contingent interest. If a lien attaches to an interest in land: (1) which is less than the fee interest, including the interest of an optionee or farmoutee, termination of the interest in the land does not impair any lien which […]
Section 104 – Limitation of interests covered by lien.
38-10-104. Limitation of interests covered by lien. (1) If work is performed or materials or equipment are furnished to the owner of less than a fee interest, the lien granted by this chapter does not extend to the underlying fee interest, royalty interest, overriding royalty, net profits interest, production payment, or other nonpossessory interest, unless […]
Section 105 – Notice of lien — Recording — Service on owner of interest — Failure to serve notice — Time of filing.
38-10-105. Notice of lien — Recording — Service on owner of interest — Failure to serve notice — Time of filing. (1) To perfect the lien provided by this chapter, a notice of lien as required by Subsection 38-1a-502(2) shall be filed with the county recorder in any county where any part of the land […]
Section 106 – Enforcement — Time for — Lis pendens — Action for debt not affected — Execution on an interest.
38-10-106. Enforcement — Time for — Lis pendens — Action for debt not affected — Execution on an interest. (1) Actions to enforce the liens created by this chapter shall be commenced within 180 days after the filing of the notice of lien required by Section 38-10-105. The lien claimant shall, within 10 working days […]
Section 107 – Lien priority — Proration of proceeds upon sale.
38-10-107. Lien priority — Proration of proceeds upon sale. (1) Except as provided in this section, liens under this chapter shall be equal in priority without reference to the date of the filing of the lien. (2) Any lien perfected as provided by this chapter attaches to the interest covered by Section 38-10-102 in preference […]