Title 38, Title 38: Liens

38-11-106. State not liable. The state and the state's agencies, instrumentalities, and political subdivisions are not liable for: (1) issuance or denial of any certificate of compliance; (2) any claims made against the fund; or (3) failure of the fund to pay any amounts ordered …

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 agre…

38-11-108. Notification of rights under chapter. (1) Beginning July 1, 1995, the original contractor or real estate developer shall state in the written contract with the owner what actions are necessary for the owner to be protected under Sectionfrom the maintaining of a mechani…

38-11-109. Severability clause. If any provision of this chapter is held invalid or unconstitutional by a court of competent jurisdiction, the invalidity shall not affect the other provisions of this chapter which can be given effect without the invalid or unconstitutional provis…

38-11-110. Issuance of certificates of compliance. (1) The director may issue a certificate of compliance only after determining through an informal proceeding, as set forth in Title 63G, Chapter 4, Administrative Procedures Act: that the owner is in compliance with Subsectionsan…

38-11-201. Residence Lien Recovery Fund. (1) There is created an expendable special revenue fund called the "Residence Lien Recovery Fund." (2) The fund shall earn interest. (3) The division shall employ personnel and resources necessary to administer the fund and shall use fund …

38-11-202. Payments to the fund. Beginning on May 8, 2018, the Residence Lien Recovery Fund will no longer be supported by special assessments and will be solely supported by: (1) fees determined by the division under Sectioncollected from laborers under Subsectionwhen the labore…

38-11-203. Disbursements from the fund -- Limitations. (1) A payment of any claim upon the fund by a qualified beneficiary shall be made only upon an order issued by the director finding that: the claimant was a qualified beneficiary during the construction on a residence; the cl…

38-11-204. Claims against the fund -- Requirements to make a claim -- Qualifications to receive compensation -- Qualifications to receive a certificate of compliance. (1) To claim recovery from the fund a person shall: meet the requirements of Subsectionor; (4) (6) pay an applica…

38-11-205. Subrogation. (1) The state, on behalf of the fund, has the right of subrogation only to the extent of payments made from the fund. Upon payment from the fund to a claimant, any payment to the claimant that was the basis of the claimant's claim against the fund shall be…

38-11-206. Limitations on fund balance. By October 1 of each year, the division shall provide a written report to the Legislature and the Business and Labor Interim Committee that describes: (1) the amount of money in the fund, including the encumbered fund balance; (2) an estima…

38-11-207. Reimbursement to the fund. (1) If the director disburses money from the fund as a result of a person licensed under, or a qualified beneficiary failing to pay qualified beneficiaries: Title 58, Chapter 55, Utah Construction Trades Licensing Act the division shall issue…

38-11-207. Reimbursement to the fund. (1) If the director disburses money from the fund as a result of a person licensed under, or a qualified beneficiary failing to pay qualified beneficiaries: Title 58, Chapter 55, Utah Construction Trades Licensing Act the division shall issue…

38-11-301. Registration as a qualified beneficiary -- Initial regular assessment -- Affidavit. (1) A person licensed as of July 1, 1995, as a contractor under the provisions of, in license classifications that regularly engage in providing qualified services shall be automaticall…