38-11-107. Restrictions upon maintaining a lien against residence or owner's interest in the residence.
(1) A person qualified to file a lien upon an owner-occupied residence and the real property associated with that residence under, who provides qualified services under an agreement, other than directly with the owner, is barred from maintaining a lien upon that residence and real property or recovering a judgment in any civil action against the owner or the owner-occupied residence to recover money owed for qualified services provided by that person if: Chapter 1a, Preconstruction and Construction Liens an owner meets the conditions described in Subsectionsand; or 38-11-204(4)(a) (b) a subsequent owner purchases a residence from an owner; the subsequent owner who purchased the residence under Subsectionoccupies the residence as a primary or secondary residence within 180 days from the date of transfer or the residence is occupied by the subsequent owner's tenant or lessee as a primary or secondary residence within 180 days from the date of transfer; and (1)(a)(ii)(A) the owner from whom the subsequent owner purchased the residence met the conditions described in Subsectionsand. 38-11-204(4)(a) (b) As used in this Subsection: (1)(b) "Contract residence": means the owner-occupied residence for which a subcontractor provides service, labor, or materials; and includes the real property associated with that owner-occupied residence. "General contract" means an oral or written contract between an owner and an original contractor for providing service, labor, or materials for construction on an owner-occupied residence. "Subcontractor" means a person who provides service, labor, or materials for construction on an owner-occupied residence under an agreement other than directly with the owner. A subcontractor qualified to file a lien upon a contract residence under, is barred from maintaining a lien upon that contract residence or from recovering a judgment in a civil action against the owner, the contract residence, or, as provided in Subsection, a subsequent owner to recover for service, labor, or materials provided by the subcontractor: Chapter 1a, Preconstruction and Construction Liens (1)(b)(iii) if the amount of the general contract under which the subcontractor provides service, labor, or materials totals no more than $5,000; and whether or not the original contractor is licensed under. Title 58, Chapter 55, Utah Construction Trades Licensing Act A subsequent owner is protected under Subsectionto the same extent as an owner if: (1)(b)(ii) the subsequent owner purchases the contract residence from the owner; and the subsequent owner occupies the residence as a primary or secondary residence within 180 days after the date of transfer; or the subsequent owner's tenant or lessee occupies the residence as a primary or secondary residence within 180 days after the date of the transfer.
(2) If a residence is constructed under conditions that do not meet all of the provisions of Subsectionor, that residence and the real property associated with that residence as provided in Sectionis subject to any lien as provided in Section. (1)(a) (b) 38-1a-302 38-1a-301
(3) A lien claimant who files a preconstruction or construction lien under, or a foreclosure action upon an owner-occupied residence is not liable for costs and attorney fees under Sectionsandor for any damages arising from a civil action related to the lien filing or foreclosure action if the lien claimant removes the lien within 15 days from the date the owner obtains a certificate of compliance and mails a copy of the certificate of compliance by certified mail to the lien claimant at the address provided for by Subsection. The 15-day period begins accruing from the date postmarked on the certificate of compliance sent to the lien claimant. Chapter 1a, Preconstruction and Construction Liens 38-1a-706 38-1a-707 38-1a-502(2)(e)