Title 38, Title 38: Liens

38-1a-105. No waiver of rights -- Exception. (1) A right or privilege under this chapter may not be waived or limited by contract. A provision of a contract purporting to waive or limit a right or privilege under this chapter is void. (2) Notwithstanding Subsection, a claimant ma…

38-1a-201. Establishment of State Construction Registry -- Filing index. (1) Subject to receiving adequate funding through a legislative appropriation and contracting with an approved third party vendor as provided in Section, the division shall establish and maintain the State C…

38-1a-202. Contract to establish and maintain registry -- Designated agent -- Rules -- Duties of designated agent -- Limit of liability. (1) The division shall contract, in accordance with, with a third party to establish and maintain the registry for the purposes established und…

38-1a-203. Filings with the registry. (1) The division and the designated agent need not determine the timeliness of any notice before filing the notice in the registry. (2) A notice filed by a third party on behalf of another is considered to be filed by the person on whose beha…

38-1a-204. Notification of filings with the registry. (1) The designated agent shall provide notification of the filing of a required notice relating to an anticipated improvement or construction project to: the person filing the required notice, unless the person indicates to th…

38-1a-205. Building permit -- Transmission to registry -- Posting at project site. (1) A county, city, or town issuing a building permit for a private project: shall, no later than 15 days after issuing the permit, input the building permit application and transmit the building p…

38-1a-206. Registry fees. (1) In accordance with the process required by Section, the division shall establish the fees for: 63J-1-504 required notices, whether filed electronically or by alternate means; a request for notification under Section; 38-1a-204 providing notification …

38-1a-207. Registry classification. (1) The registry is classified as a public record under, unless the division classifies it otherwise. Title 63G, Chapter 2, Government Records Access and Management Act (2) A request for information submitted to the designated agent is not subj…

38-1a-208. Actions that are not adjudicative proceedings. None of the following is an adjudicative proceeding under: (1) the filing of a notice permitted or required by this chapter; (2) the rejection of a filing permitted or required by this chapter; or (3) other action by the d…

38-1a-209. Abuse of registry -- Penalty. (1) As used in this section, "third party" means an owner, an original contractor, a subcontractor, or any interested party. (2) A person abuses the registry if that person files a notice in the registry: without a good faith basis for doi…

38-1a-210. Limitation of liability. (1) The state and the state's agencies, instrumentalities, political subdivisions, and an employee of a governmental entity are immune from suit for any injury resulting from the registry. (2) The designated agent and its principals, agents, an…

38-1a-211. Limit on notice effect of document filing in the registry. The filing of a document in the registry is not intended to give notice to all persons of the content of the document within the meaning of Sectionand does not constitute constructive notice of matters relating…

38-1a-301. Those entitled to lien -- What may be attached. (1) Except as provided in Section, 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…

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 lan…

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 owe…

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 …

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 …

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) Subsectionmay not be construed to excuse compliance with or affect the requirement to file…

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 …

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: for which a preconstruction service or construction work is provided; and that consists of: one single-…

38-1a-309. Interest rate -- Preconstruction service or construction contract -- Lien. (1) Subject to Subsection, 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 chap…

38-1a-401. Notice of preconstruction service. (1) A person that desires to claim a preconstruction lien on real property shall file a notice of preconstruction service with the registry no later than 20 days after the person commences providing preconstruction service for the ant…

38-1a-402. Notice of preconstruction lien -- Requirements. (1) Within 90 days after completing a preconstruction service for which a claimant is not paid in full, a claimant who desires to claim a preconstruction lien shall submit for recording with each applicable county recorde…

38-1a-403. Effective time and priority of preconstruction lien -- Subordination to bona fide loan. (1) Except as otherwise provided in this chapter, a preconstruction lien: relates back to and takes effect as of the time of filing of the earliest timely filed notice of preconstru…

38-1a-404. When preconstruction service considered complete. Preconstruction service is considered complete for any project, project phase, or bid package as of the date that construction work for that project, project phase, or bid package, respectively, commences.

38-1a-405. Preconstruction liens on equal footing. (1) Each preconstruction lien on a project property is on equal footing with every other preconstruction lien on the project property, regardless of: when the claimant submitted the claimant's notice of preconstruction service fo…

38-1a-501. Preliminary notice. (1) A person who desires to claim a construction lien on real property shall file a preliminary notice with the registry no later than 20 days after the day on which the person commences providing construction work on the real property. Subject to S…

38-1a-502. Notice of construction lien -- Contents -- Recording -- Service on owner. (1) A person who desires to claim a construction lien shall submit for recording in the office of each applicable county recorder a notice of construction lien no later than, except as provided i…

38-1a-503. Relation back and priority of liens. (1) A construction lien relates back to, and takes effect as of, the time of the first preliminary notice filing. (2) Subject to Subsection, a construction lien has priority over: (2)(b) any lien, mortgage, or other encumbrance that…

38-1a-504. Construction liens on equal footing. (1) Construction liens on a project property are on an equal footing with one another, regardless of when the notices of construction lien relating to the construction liens are submitted for recording and regardless of when constru…

38-1a-505. Materials for a construction project not subject to process -- Exception. (1) Materials provided for use in a construction project are not subject to attachment, execution, or other legal process to enforce a debt owed by the purchaser of the materials, if the material…

38-1a-506. Notice of intent to obtain final completion. (1) An owner of a nonresidential construction project that is registered with the registry, or an original contractor of a commercial nonresidential construction project that is registered with the registry under Section, sh…

38-1a-507. Notice of completion. (1) Upon final completion of a construction project, a notice of completion may be filed with the registry by: an owner; an original contractor for construction work; a lender that has provided financing for the construction project; a surety that…

38-1a-601. Notice of construction loan. (1) After recording a mortgage or trust deed securing a construction loan on a private project, the construction lender on the loan shall promptly, in conjunction with the closing of the construction loan, file with the registry a notice of…

38-1a-602. Notice concerning construction loan default. (1) Within five business days after a notice of default is filed for recording under Sectionwith respect to a trust deed on the project property securing a construction loan, the construction lender under the loan shall file…

38-1a-603. Notice of intent to finance. (1) An owner may file with the registry a notice of intent to finance. (2) A notice of intent to finance under Subsectionshall state: (1) the anticipated date on which financing will occur; the anticipated lender's name, address, and teleph…

38-1a-604. Notice of final lien waiver. (1) After a notice of intent to finance is filed under Sectionon a project property, each subcontractor that has filed a preliminary notice pertaining to the project property may file with the registry a final lien waiver. 38-1a-603 (2) The…

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: "Owner" has the same meaning as defined in Section. 38-11-102 "Residence" has the same meaning as defined in Section. 38-11-10…

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 claimant who is not contesting the claim of another claimant may join as a plaintiff; a claimant who fails or refuses to be…

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 n…

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…

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…

38-1a-706. Apportionment of costs -- Costs and attorney fees to subcontractor. (1) Except as provided in Section, the court shall apportion costs between the owner and original contractor according to the right of the case. 38-11-107 (2) The court shall award a subcontractor with…

38-1a-707. Attorney fees -- Offer of judgment. (1) Except as provided in Sectionand in Subsection, 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 tax…

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 ow…

38-1a-802. Waiver or limitation of a lien right -- Forms -- Scope. (1) As used in this section: "Check" means a payment instrument on a depository institution including: a check; a draft; an order; or other instrument. "Depository institution" is as defined in Section. 7-1-103 "R…