38-1a-801. Preconstruction and construction liens assignable — Action by assignee to enforce lien. (1) A preconstruction lien or construction lien is assignable as any other chose in action. (2) An assignee of a preconstruction lien or construction lien may, in the assignee’s own name, commence and prosecute an action on the lien as provided in […]
38-1a-802. Waiver or limitation of a lien right — Forms — Scope. (1) As used in this section: (a) “Check” means a payment instrument on a depository institution including: (i) a check; (ii) a draft; (iii) an order; or (iv) other instrument. (b) “Depository institution” is as defined in Section 7-1-103. (c) “Receives payment” means, […]
38-1a-803. Cancellation of preconstruction or construction lien — Penalty for failure to cancel timely. (1) After the full amount owing under a preconstruction or construction lien, including costs and cancellation fees, has been paid, a person interested in the property that is the subject of the lien may request the claimant to submit for recording […]
Effective 5/12/2020 38-1a-804. Notice of release of lien and substitution of alternate security. (1) The owner of any interest in a project property that is subject to a recorded preconstruction or construction lien, or any original contractor or subcontractor affected by the lien, who disputes the correctness or validity of the lien may submit for […]
Effective 5/12/2015 38-1a-805. Failure to file notice — Petition to nullify preconstruction or construction lien — Expedited proceeding. (1) An owner of an interest in a project property that is subject to a recorded preconstruction lien or a recorded construction lien may petition the district court in the county in which the project property is […]
