reglab/housing_qa huggingface dataset:
UT Code § 38-1a-705 (2021)
2021 Utah Code|Title 38 - Liens|Chapter 1a - Preconstruction and Construction Liens|Part 7 - Enforcement of Preconstruction and Construction Liens|Section 705 - Deficiency judgment.

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 same manner as execution on judgments generally.    Enacted by Chapter 278, 2012 General Session
UT Code § 38-1a-706 (2021)
2021 Utah Code|Title 38 - Liens|Chapter 1a - Preconstruction and Construction Liens|Part 7 - Enforcement of Preconstruction and Construction Liens|Section 706 - Apportionment of costs -- Costs and attorney fees to subcontractor.

38-1a-706. Apportionment of costs -- Costs and attorney fees to subcontractor.    (1) Except as provided in Section 38-11-107, the court shall apportion costs between the owner and original contractor according to the right of the case.     (2) The court shall award a subcontractor with a valid preconstruction or construction lien:   (a) all of the subcontractor's costs, including the costs of preparing and recording the notice of preconstruction or construction lien; and     (b) the subcontractor's reasonable attorney fees incurred in preparing and recording the notice of preconstruction or construction lien.      Enacted by Chapter 278, 2012 General Session
UT Code § 38-1a-707 (2021)
2021 Utah Code|Title 38 - Liens|Chapter 1a - Preconstruction and Construction Liens|Part 7 - Enforcement of Preconstruction and Construction Liens|Section 707 - Attorney fees -- Offer of judgment.

38-1a-707. Attorney 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 reasonable attorney fees, 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 38-1a-308 may not recover attorney fees under Subsection (1).     (3)   (a) A person against whom an action is brought to enforce a preconstruction or construction lien may make an offer of judgment pursuant to Rule 68 of the Utah Rules of Civil Procedure.     (b) 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 attorney fees incurred by the offeror after the offer was made.      Renumbered and Amended by Chapter 278, 2012 General Session
UT Code § 38-1a-801 (2021)
2021 Utah Code|Title 38 - Liens|Chapter 1a - Preconstruction and Construction Liens|Part 8 - Actions Affecting Preconstruction and Construction Liens|Section 801 - Preconstruction and construction liens assignable -- Action by assignee to enforce lien.

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 own name, commence and prosecute an action on the lien as provided in Part 7, Enforcement of Preconstruction and Construction Liens.    Enacted by Chapter 278, 2012 General Session
UT Code § 38-1a-803 (2021)
2021 Utah Code|Title 38 - Liens|Chapter 1a - Preconstruction and Construction Liens|Part 8 - Actions Affecting Preconstruction and Construction Liens|Section 803 - Cancellation of preconstruction or construction lien -- Penalty for failure to cancel timely.

38-1a-803. Cancellation of preconstruction or construction lien -- Penalty for failure to cancel timely.    (1) After the full amount owing under a preconstruction or construction lien, including costs and cancellation fees, has been paid, a person interested in the property that is the subject of the lien may request the claimant to submit for recording with the office of each applicable county recorder a cancellation of the lien.     (2) Within 10 days after receiving a request under Subsection (1), the claimant shall submit to the office of each applicable county recorder a cancellation of the preconstruction or construction lien, as applicable.     (3) A claimant who fails to submit a cancellation within the time prescribed in Subsection (2) is liable to the person who requested the cancellation for $100 for each day after the time prescribed in Subsection (2) that the cancellation is not submitted, or the person's actual damages, whichever is greater.    Enacted by Chapter 278, 2012 General Session
UT Code § 38-1b-101 (2021)
2021 Utah Code|Title 38 - Liens|Chapter 1b - Government Construction Projects|Part 1 - General Provisions|Section 101 - Title.

38-1b-101. Title.  This chapter is known as "Government Construction Projects."  Enacted by Chapter 278, 2012 General Session
UT Code § 38-1b-102 (2021)
2021 Utah Code|Title 38 - Liens|Chapter 1b - Government Construction Projects|Part 1 - General Provisions|Section 102 - Definitions.

 Effective 5/10/2016  38-1b-102. Definitions.  As used in this chapter:  (1) "Alternate means" means the same as that term is defined in Section 38-1a-102.     (2) "Construction project" means the same as that term is defined in Section 38-1a-102.     (3) "Construction work" means the same as that term is defined in Section 38-1a-102.     (4) "Designated agent" means the same as that term is defined in Section 38-1a-102.     (5) "Division" means the Division of Occupational and Professional Licensing created in Section 58-1-103.     (6) "Government project" means a construction project undertaken by or for:   (a) the state, including a department, division, or other agency of the state; or     (b) a county, city, town, school district, local district, special service district, community reinvestment agency, or other political subdivision of the state.       (7) "Government project-identifying information" means:   (a) the lot or parcel number of each lot included in the project property that has a lot or parcel number; or     (b) the unique project number assigned by the designated agent.       (8) "Original contractor" means the same as that term is defined in Section 38-1a-102.     (9) "Owner" means the same as that term is defined in Section 38-1a-102.     (10) "Owner-builder" means the same as that term is defined in Section 38-1a-102.     (11) "Private project" means a construction project that is not a government project.     (12) "Project property" means the same as that term is defined in Section 38-1a-102.     (13) "Registry" means the same as that term is defined in Section 38-1a-102.    Amended by Chapter 350, 2016 General Session
UT Code § 38-1b-203 (2021)
2021 Utah Code|Title 38 - Liens|Chapter 1b - Government Construction Projects|Part 2 - Notices Relating to Government Projects|Section 203 - Notice of intent to obtain final completion and notice of completion.

38-1b-203. Notice of intent to obtain final completion and notice of completion.  Sections 38-1a-506 and 38-1a-507 apply to a government project to the same extent as those sections apply to a construction project that is subject to Chapter 1a, Preconstruction and Construction Liens.  Enacted by Chapter 278, 2012 General Session
UT Code § 38-9-101 (2021)
2021 Utah Code|Title 38 - Liens|Chapter 9 - Wrongful Lien Act|Part 1 - General Provisions|Section 101 - Title.

 Effective 5/13/2014  38-9-101. Title.    (1) This chapter is known as the "Wrongful Lien Act."     (2) This part is known as "General Provisions."    Enacted by Chapter 114, 2014 General Session
UT Code § 38-9-103 (2021)
2021 Utah Code|Title 38 - Liens|Chapter 9 - Wrongful Lien Act|Part 1 - General Provisions|Section 103 - Scope.

 Effective 5/13/2014  38-9-103. Scope.    (1) This chapter does not apply to a notice of interest filed before May 5, 2008.     (2) This chapter does not apply to a lis pendens recorded in accordance with Section 78B-6-1303 and does not prevent a person from seeking any other relief permitted by law.     (3) This chapter does not apply to a person entitled to a preconstruction or construction lien under Section 38-1a-301 who files a lien pursuant to Title 38, Chapter 1a, Preconstruction and Construction Liens.    Renumbered and Amended by Chapter 114, 2014 General Session
UT Code § 38-9-201 (2021)
2021 Utah Code|Title 38 - Liens|Chapter 9 - Wrongful Lien Act|Part 2 - Recording a Wrongful Lien|Section 201 - Title.

 Effective 5/13/2014  38-9-201. Title.  This part is known as "Recording a Wrongful Lien." Enacted by Chapter 114, 2014 General Session
UT Code § 38-9-202 (2021)
2021 Utah Code|Title 38 - Liens|Chapter 9 - Wrongful Lien Act|Part 2 - Recording a Wrongful Lien|Section 202 - County recorder may reject wrongful lien within scope of employment -- Good faith requirement.

 Effective 5/13/2014  38-9-202. County recorder may reject wrongful lien within scope of employment -- Good faith requirement.    (1)   (a) A county recorder may refuse to record a lien if the county recorder determines that the lien is a wrongful lien.     (b) If the county recorder refuses to record a lien in accordance with Subsection (1)(a), the county recorder shall immediately return the original document together with a notice that the document was rejected pursuant to this section to the person attempting to record the document or to the address provided on the document.       (2) A county recorder who, within the scope of the county recorder's employment, rejects or accepts a document for recording in good faith under this section is not liable for damages.     (3) If a document that a county recorder refuses to record under this section is later found not to be a wrongful lien pursuant to a court order, it shall have no retroactive recording priority.     (4) Nothing in this chapter precludes a person from pursuing any remedy pursuant to Utah Rules of Civil Procedure, Rule 65A, Injunctions.    Renumbered and Amended by Chapter 114, 2014 General Session
UT Code § 38-9-203 (2021)
2021 Utah Code|Title 38 - Liens|Chapter 9 - Wrongful Lien Act|Part 2 - Recording a Wrongful Lien|Section 203 - Civil liability for recording wrongful lien -- Damages.

 Effective 5/13/2014  38-9-203. Civil liability for recording wrongful lien -- Damages.    (1) A lien claimant who records or causes a wrongful lien to be recorded in the office of the county recorder against real property is liable to a record interest holder for any actual damages proximately caused by the wrongful lien.     (2) If the person in violation of Subsection (1) refuses to release or correct the wrongful lien within 10 days from the date of written request from a record interest holder of the real property delivered personally or mailed to the last-known address of the lien claimant, the person is liable to that record interest holder for $3,000 or for treble actual damages, whichever is greater, and for reasonable attorney fees and costs.     (3) A person is liable to the record owner of real property for $10,000 or for treble actual damages, whichever is greater, and for reasonable attorney fees and costs, who records or causes to be recorded a wrongful lien in the office of the county recorder against the real property, knowing or having reason to know that the document:   (a) is a wrongful lien;     (b) is groundless; or     (c) contains a material misstatement or false claim.      Renumbered and Amended by Chapter 114, 2014 General Session
UT Code § 38-9-204 (2021)
2021 Utah Code|Title 38 - Liens|Chapter 9 - Wrongful Lien Act|Part 2 - Recording a Wrongful Lien|Section 204 - Petition to file lien -- Notice to record interest holders -- Summary relief -- Contested petition.

 Effective 5/13/2014  38-9-204. Petition to file lien -- Notice to record interest holders -- Summary relief -- Contested petition.    (1) A lien claimant whose document is rejected pursuant to Section 38-9-202 may petition the district court for an expedited determination that the lien may be recorded.     (2) A petition under Subsection (1) shall:   (a) be filed:   (i) with the district court in the county of the county recorder who refused to record the document; and     (ii) within 10 days after the day on which the person who files the petition receives the notice under Subsection 38-9-202(1)(b) of the county recorder's refusal to record the document;       (b) state with specificity the grounds why the document should lawfully be recorded; and     (c) be supported by a sworn affidavit of the lien claimant.       (3) If the court finds the petition is insufficient, it may dismiss the petition without a hearing.     (4)   (a) If the court grants a hearing, the petitioner shall, by certified or registered mail, serve a copy of the petition, notice of hearing, and a copy of the court's order granting an expedited hearing on all record interest holders of the property sufficiently in advance of the hearing to enable any record interest holder to attend the hearing.     (b) Any record interest holder of the property has the right to attend and contest the petition.       (5)   (a) If, following a hearing, the court finds that the document may lawfully be recorded, the court shall issue an order directing the county recorder to accept the document for recording.      (b) If the petition is contested, the court may award costs and reasonable attorney fees to the prevailing party.       (6)   (a) A summary proceeding under this section:   (i) may only determine whether a contested document, on its face, shall be recorded by the county recorder; and     (ii) may not determine the truth of the content of the document or the property or legal rights of the parties beyond the necessary determination of whether the document shall be recorded.       (b) A court's grant or denial of a petition under this section may not restrict any other legal remedies of any party, including any right to injunctive relief pursuant to Rules of Civil Procedure, Rule 65A, Injunctions.       (7) If a petition under this section contains a claim for damages, the proceedings related to the claim for damages may not be expedited under this section.    Renumbered and Amended by Chapter 114, 2014 General Session
UT Code § 38-9-205 (2021)
2021 Utah Code|Title 38 - Liens|Chapter 9 - Wrongful Lien Act|Part 2 - Recording a Wrongful Lien|Section 205 - Petition to nullify lien -- Notice to lien claimant -- Summary relief -- Finding of wrongful lien -- Wrongful lien is void.

 Effective 5/13/2014  38-9-205. Petition to nullify lien -- Notice to lien claimant -- Summary relief -- Finding of wrongful lien -- Wrongful lien is void.    (1) A record interest holder of real property against which a wrongful lien is recorded may petition the district court in the county in which the document is recorded for summary relief to nullify the wrongful lien.     (2) The petition described in Subsection (1) shall state with specificity the claim that the lien is a wrongful lien and shall be supported by a sworn affidavit of the record interest holder.     (3)   (a) If the court finds the petition insufficient, the court may dismiss the petition without a hearing.     (b) If the court finds the petition is sufficient, the court shall schedule a hearing within 10 days to determine whether the document is a wrongful lien.     (c) The record interest holder shall serve a copy of the petition on the lien claimant and a copy of a notice of the hearing pursuant to Rules of Civil Procedure, Rule 4, Process.     (d) The lien claimant is entitled to attend and contest the petition.       (4) A summary proceeding under this section:   (a) may only determine whether a document is a wrongful lien; and     (b) may not determine any other property or legal rights of the parties or restrict other legal remedies of any party.       (5)   (a) If, following a hearing, the court determines that the recorded document is a wrongful lien, the court shall issue an order declaring the wrongful lien void ab initio, releasing the property from the lien, and awarding costs and reasonable attorney fees to the petitioner.     (b)   (i) The record interest holder may submit a certified copy of the order to the county recorder for recording.     (ii) The order shall contain a legal description of the real property.       (c) If the court determines that the claim of lien is valid, the court shall dismiss the petition and may award costs and reasonable attorney's fees to the lien claimant. The dismissal order shall contain a legal description of the real property. The prevailing lien claimant may record a certified copy of the dismissal order.       (6) If the court determines that the recorded document is a wrongful lien, the wrongful lien is void ab initio and provides no notice of claim or interest.     (7) If a petition under this section contains a claim for damages, the proceedings related to the claim for damages may not be expedited under this section.    Renumbered and Amended by Chapter 114, 2014 General Session
UT Code § 38-9-301 (2021)
2021 Utah Code|Title 38 - Liens|Chapter 9 - Wrongful Lien Act|Part 3 - Recording a Nonconsensual Common Law Document|Section 301 - Title.

 Effective 5/13/2014  38-9-301. Title.  This part is known as "Recording a Nonconsensual Common Law Document." Enacted by Chapter 114, 2014 General Session
UT Code § 38-9-302 (2021)
2021 Utah Code|Title 38 - Liens|Chapter 9 - Wrongful Lien Act|Part 3 - Recording a Nonconsensual Common Law Document|Section 302 - Recording a nonconsensual common law document -- Procedure.

 Effective 5/13/2014  38-9-302. Recording a nonconsensual common law document -- Procedure.    (1) For a nonconsensual common law document recorded on or after May 13, 2014, within five business days after the day on which an individual submits a nonconsensual common law document to a county recorder for recording, the individual shall cause the sheriff to serve written notice of the recording of the nonconsensual common law document upon each affected person.     (2) A written notice described in Subsection (1) shall include:   (a) the name, address, and telephone number of the document sponsor;     (b) the date the nonconsensual common law document was recorded; and     (c) a copy of the nonconsensual common law document.       (3)   (a) No later than three business days after the day on which the sheriff serves the written notice described in Subsection (1), the sheriff shall submit proof of service to the county recorder for recording.     (b) The county recorder may not charge a fee for recording a proof of service under Subsection (3)(a).      Enacted by Chapter 114, 2014 General Session
UT Code § 38-9-303 (2021)
2021 Utah Code|Title 38 - Liens|Chapter 9 - Wrongful Lien Act|Part 3 - Recording a Nonconsensual Common Law Document|Section 303 - Enforcement proceeding required.

 Effective 5/13/2014  38-9-303. Enforcement proceeding required.    (1) For a nonconsensual common law document recorded on or after May 13, 2014, within 10 business days after the day on which a document sponsor submits a nonconsensual common law document to the county recorder for recording, the document sponsor shall file a complaint in district court in the county of the county recorder where the nonconsensual common law document was recorded for a proceeding to obtain an order that the nonconsensual common law document is valid and enforceable.     (2) A complaint to initiate a judicial proceeding described in Subsection (1) shall:   (a) state with specificity the grounds that make the nonconsensual common law document valid and enforceable;     (b) be supported by the document sponsor's sworn affidavit; and     (c) name each affected person as an opposing party.       (3) If the court finds that a complaint filed under Subsection (1) does not meet the requirements described in Subsection (2), the court may dismiss the complaint without a hearing.     (4) If a complaint filed under Subsection (1) meets the requirements described in Subsection (2), the court:   (a) shall hold a hearing;     (b) following the hearing, shall issue an order that:   (i) states whether the nonconsensual common law document is valid and enforceable; and     (ii) includes a legal description of the real property that is the subject of the complaint; and       (c) may award costs and reasonable attorney fees to the prevailing party.       (5) Within three business days after the day on which the court issues a final order in a proceeding under this section, the prevailing party shall submit a copy of the court's final order to the county recorder for recording.     (6) A nonconsensual common law document is presumed invalid and unenforceable.     (7) A person's lack of belief in the jurisdiction or authority of the state or of the government of the United States is not a defense to liability under this section.     (8) A court's order in a proceeding under this section does not restrict any other legal remedies available to any party, including any right to injunctive relief under Rules of Civil Procedure, Rule 65A, Injunctions.    Enacted by Chapter 114, 2014 General Session
UT Code § 38-9-304 (2021)
2021 Utah Code|Title 38 - Liens|Chapter 9 - Wrongful Lien Act|Part 3 - Recording a Nonconsensual Common Law Document|Section 304 - Civil liability -- Damages.

 Effective 5/13/2014  38-9-304. Civil liability -- Damages.    (1) If, under Section 38-9-303, a court finds that a recorded nonconsensual common law document is unenforceable, the document sponsor of the nonconsensual common law document is liable to each affected person for any actual damages proximately caused by recording the nonconsensual common law document, costs, and reasonable attorney fees.     (2) A person who is liable under Subsection (1) for a nonconsensual common law document is jointly and severally liable with each other person who is liable for the nonconsensual common law document.    Enacted by Chapter 114, 2014 General Session
UT Code § 38-9-305 (2021)
2021 Utah Code|Title 38 - Liens|Chapter 9 - Wrongful Lien Act|Part 3 - Recording a Nonconsensual Common Law Document|Section 305 - Failure to comply -- Nonconsensual common law document void.

 Effective 5/13/2014  38-9-305. Failure to comply -- Nonconsensual common law document void.  A recorded nonconsensual common law document that is recorded on or after May 13, 2014, is void and has no legal effect if the document sponsor does not:  (1) comply with the notice requirements described in Section 38-9-302;     (2) comply with the judicial enforcement requirements described in Section 38-9-303; and     (3) prevail in a judicial enforcement proceeding under Section 38-9-303.    Enacted by Chapter 114, 2014 General Session
UT Code § 38-9a-101 (2021)
2021 Utah Code|Title 38 - Liens|Chapter 9a - Wrongful Lien Injunctions|Part 1 - General Provisions|Section 101 - Title.

38-9a-101. Title.  This chapter is known as "Wrongful Lien Injunctions."  Enacted by Chapter 93, 2005 General Session
UT Code § 38-9a-102 (2021)
2021 Utah Code|Title 38 - Liens|Chapter 9a - Wrongful Lien Injunctions|Part 1 - General Provisions|Section 102 - Definitions.

 Effective 5/13/2014  38-9a-102. Definitions.  As used in this chapter, "wrongful lien" refers to a lien made in violation of Section 76-6-503.5, and includes:  (1) a wrongful lien as defined in Section 38-9-102; and     (2) a nonconsensual common law document as defined in Section 38-9-102.    Amended by Chapter 114, 2014 General Session