38-1-18. Attorneys' fees -- Offer of judgment.
(1) Except as provided in Section 38-11-107 and in Subsection (2), in any action brought
to enforce any lien under this chapter the successful party shall be entitled to recover a reasonable
attorneys' fee, to be fixed by the court, which shall be taxed as costs in the action.
(2) A person who files a wrongful lien as provided in Section 38-1-25 is not entitled to
recover attorneys' fees under Subsection (1).
(3) A party against whom any action is brought to enforce a lien under this chapter may
make an offer of judgment pursuant to Rule 68 of the Utah Rules of Civil Procedure. If the offer
is not accepted and the judgment finally obtained by the offeree is not more favorable than the
offer, the offeree shall pay the costs and attorneys' fees incurred by the offeror after the offer was
made.
Amended by Chapter 257, 2001 General Session
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Last revised: Wednesday, October 08, 2008