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Liens | |
Mechanics' Liens | |
Section 2 | Definitions. |
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38-1-2. Definitions. As used in this chapter: (1) "Anticipated improvement" means the improvement: (a) for which a preconstruction service is performed; and (b) that is anticipated to follow the performing of the preconstruction service. (2) "Applicable county recorder" means the office of the recorder of each county in which any part of the property on which a claimant claims or intends to claim a lien under this chapter is located. (3) "Bona fide loan" means a loan to an owner or owner-builder by a lender in which the owner or owner-builder has no financial or beneficial interest greater than 5% of the voting shares or other ownership interest. (4) "Claimant" means a person entitled to claim a lien under this chapter. (5) "Compensation" means the payment of money for a service rendered or an expense incurred, whether based on: (a) time and expense, lump sum, stipulated sum, percentage of cost, cost plus fixed or percentage fee, or commission; or (b) a combination of the bases listed in Subsection (5)(a). (6) "Construction service": (a) means to furnish labor, service, material, or equipment for the purpose and during the process of constructing, altering, or repairing an improvement; and (b) includes the scheduling, estimating, staking, supervising, managing, materials testing, inspection, observation, and quality control or assurance involved in constructing, altering, or repairing an improvement. (7) "Construction service lien" means a lien under this chapter for construction service. (8) "General preconstruction contractor" means a claimant, other than an original contractor, who contracts with one or more subcontractors for the subcontractor or subcontractors to provide preconstruction service that the claimant is under contract to provide. (9) "Improvement" means: (a) a building, infrastructure, utility, or other human-made structure or object constructed on or for and affixed to real property; or (b) a repair, modification, or alteration of a building, infrastructure, utility, or object referred to in Subsection (9)(a). (10) "Original contract": (a) means a contract between an owner of real property and an original contractor for preconstruction service or construction service; and (b) does not include a contract between an owner-builder and another person. (11) "Original contractor" means a person who contracts with an owner of real property to provide preconstruction service or construction service. (12) "Owner-builder" means an owner of real property who: (a) contracts with one or more other persons for preconstruction service or construction service for an improvement on the owner's real property; and (b) obtains a building permit for the improvement. (13) "Preconstruction service": (a) means to plan or design, or to assist in the planning or design of, an improvement or a proposed improvement: (i) before construction of the improvement commences; and (ii) for compensation separate from any compensation paid or to be paid for construction service for the improvement; and (b) includes consulting, conducting a site investigation or assessment, programming, preconstruction cost or quantity estimating, preconstruction scheduling, performing a preconstruction construction feasibility review, procuring construction services, and preparing a study, report, rendering, model, boundary or topographic survey, plat, map, design, plan, drawing, specification, or contract document. (14) "Preconstruction service lien" means a lien under this chapter for a preconstruction service. (15) "Subcontractor" means a person who contracts to provide preconstruction service or construction service to a person other than the owner of the real property for which the preconstruction service or construction service is provided.
Amended by Chapter 299, 2011 General Session, (Coordination Clause) |
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