Effective 5/4/2022 38-1a-301. Those entitled to lien — What may be attached. (1) Except as provided in Section 38-11-107, a person who provides preconstruction service or construction work on or for a project property has a lien on the project property for the reasonable value of the preconstruction service or construction work, respectively, as provided […]
38-1a-302. Land covered by lien — Multiple lots occupied by improvement — What a lien attaches to. (1) A preconstruction or construction lien extends to and covers as much of the land on which the improvement is made as necessary for the convenient use and occupation of the land. (2) If an improvement occupies two […]
38-1a-303. Limits on attachment, garnishment, and execution levy — Subcontractor lien not affected by payments, debts, offsets, and counterclaims involving other parties. (1) An assignment, attachment, or garnishment of or encumbrance or execution levy on money that an owner owes to an original contractor is not valid as against a subcontractor’s preconstruction or construction lien. […]
38-1a-304. Liens on multiple properties in one claim. (1) A claimant may claim a preconstruction or construction lien against two or more improvements owned by the same person. (2) If a claimant claims a preconstruction or construction lien against two or more improvements owned by the same person, the claimant shall designate the amount claimed […]
38-1a-305. Payments applied first to preconstruction lien. Unless an agreement waiving or limiting a right under a preconstruction or construction lien expressly provides that a payment is required to be applied to a specific lien, mortgage, or encumbrance, a payment to a person claiming both a preconstruction lien and a construction lien shall be applied […]
38-1a-306. Substantial compliance. (1) Substantial compliance with the requirements of this chapter is sufficient to claim, as applicable, a preconstruction lien or a construction lien. (2) Subsection (1) may not be construed to excuse compliance with or affect the requirement to file: (a) a notice of preconstruction service as provided in Section 38-1a-401 in order […]
38-1a-307. Contesting certain notices. (1) A contesting person who believes that a contestable notice lacks proper basis and is therefore invalid may request from the person who filed the notice evidence establishing the validity of the notice. (2) Within 10 days after receiving a request under Subsection (1), the person who filed the contestable notice […]
Effective 5/12/2015 38-1a-308. Intentional submission of excessive lien notice — Criminal and civil liability. (1) As used in this section, “residential project” means a project on real property: (a) for which a preconstruction service or construction work is provided; and (b) that consists of: (i) one single-family residence; or (ii) one multi-family residence that contains […]
Effective 5/9/2017 38-1a-309. Interest rate — Preconstruction service or construction contract — Lien. (1) Subject to Subsection (2), the interest rate that applies to a lawful contract for preconstruction service or construction work on or for a project property, or to a lien claimed under this chapter against the project property, is, unless otherwise provided […]
