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 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 204 – Civil wrongful lien injunction — Validity of injunctions — Changes to injunctions — Dissolution of injunction.
38-9a-204. Civil wrongful lien injunction — Validity of injunctions — Changes to injunctions — Dissolution of injunction. (1) If the respondent does not request a hearing in writing within 10 days of service of the ex parte civil wrongful lien injunction under Section 38-9a-203, the injunction automatically becomes a civil wrongful lien injunction without further […]
Section 205 – Remedies — Actions arising from injunctions — Attorney fees.
38-9a-205. Remedies — Actions arising from injunctions — Attorney fees. (1) The remedies provided in this chapter for enforcement of the orders of the court are in addition to any other civil and criminal remedies available. (2) The district court shall hear and decide all matters arising pursuant to this chapter. (3) After a hearing […]
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 […]