38-1a-701. Action to enforce lien — Time for filing action — Notice of pendency of action — Action involving a residence. (1) As used in this section: (a) “Owner” has the same meaning as defined in Section 38-11-102. (b) “Residence” has the same meaning as defined in Section 38-11-102. (2) In order to enforce a […]
38-1a-702. Parties — Consolidation of separate actions. (1) In an action under this part, subject to the time restrictions under Subsection 38-1a-701(2): (a) a claimant who is not contesting the claim of another claimant may join as a plaintiff; (b) a claimant who fails or refuses to become a plaintiff may be made a defendant; […]
38-1a-703. Order of satisfaction if multiple liens on same property. If liens are claimed against the same property the decree shall provide for their satisfaction in the following order: (1) subcontractors who are laborers or mechanics working by the day or piece, but who have not furnished materials; (2) all other subcontractors and all materialmen; […]
38-1a-704. Sale of property — Redemption — Disposition of proceeds. (1) The court shall cause the property to be sold in satisfaction of the liens and costs as in the case of a foreclosure of a mortgage, subject to the same right of redemption. (2) If the proceeds of sale after the payment of costs […]
38-1a-705. Deficiency judgment. A claimant whose preconstruction or construction lien is not paid in full through an enforcement action as provided in this part may: (1) have judgment for the unpaid balance entered against the person liable; and (2) execute on the judgment in the same manner as execution on judgments generally. Enacted by Chapter […]
38-1a-706. Apportionment of costs — Costs and attorney fees to subcontractor. (1) Except as provided in Section 38-11-107, the court shall apportion costs between the owner and original contractor according to the right of the case. (2) The court shall award a subcontractor with a valid preconstruction or construction lien: (a) all of the subcontractor’s […]
38-1a-707. Attorney fees — Offer of judgment. (1) Except as provided in Section 38-11-107 and in Subsection (2), in any action brought to enforce any lien under this chapter the successful party shall be entitled to recover reasonable attorney fees, to be fixed by the court, which shall be taxed as costs in the action. […]
