38-1-2. "Contractors" and "subcontractors" defined.
(1) Except for a person who contracts with an owner-builder, a person who does work or
furnishes materials by contract, express or implied, with the owner, as provided in this chapter, is
considered an original contractor, and any other person doing work or furnishing materials is
considered to be a subcontractor.
(2) As used in this chapter:
(a) "original contract" means a contract between an original contractor and the owner of
real property to furnish labor, equipment, or materials to the real property;
(b) "original contract" does not include a contract between an owner-builder and another
person;
(c) an "original contract" is considered to exist between an owner-builder and itself; and
(d) "owner-builder" means an owner of real property who obtains a building permit for
work on the owner's property that will consist of more than one contract between the owner and
any other person.
Amended by Chapter 297, 2006 General Session
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Last revised: Wednesday, July 23, 2008