reglab/housing_qa huggingface dataset:
UT Code § 38-1a-210 (2021)
2021 Utah Code|Title 38 - Liens|Chapter 1a - Preconstruction and Construction Liens|Part 2 - State Construction Registry|Section 210 - Limitation of liability.

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, and employees are not liable to any person for the accuracy, coherence, suitability, completeness, or legal effectiveness of information filed or searched in the registry if the designated agent:   (a) develops and maintains the registry in compliance with reliability, availability, and security standards established by the division; and     (b) meets data entry accuracy standards established by the division under Subsection 38-1a-202(6)(b).       (3) The designated agent and its principals, agents, and employees are not liable for their inability to perform obligations under this chapter to the extent performance of those obligations is prevented by:   (a) a storm, earthquake, or other act of God;     (b) a fire;     (c) an accident;     (d) governmental interference; or     (e) any other event or cause beyond the designated agent's control.      Renumbered and Amended by Chapter 278, 2012 General Session
UT Code § 38-1a-211 (2021)
2021 Utah Code|Title 38 - Liens|Chapter 1a - Preconstruction and Construction Liens|Part 2 - State Construction Registry|Section 211 - Limit on notice effect of document filing in the registry.

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 Section 57-3-102 and does not constitute constructive notice of matters relating to real property to purchasers for value and without knowledge.  Renumbered and Amended by Chapter 278, 2012 General Session
UT Code § 38-1a-301 (2021)
2021 Utah Code|Title 38 - Liens|Chapter 1a - Preconstruction and Construction Liens|Part 3 - Provisions Applicable to Preconstruction Liens and Construction Liens|Section 301 - Those entitled to lien -- What may be attached.

38-1a-301. Those entitled to lien -- What may be attached.    (1) Except as provided in Section 38-11-107, 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 or construction work, respectively, as provided in this chapter.     (2) A person may claim a preconstruction lien and a separate construction lien on the same project property.     (3)   (a) A construction lien may include an amount claimed for a preconstruction service.     (b) A preconstruction lien may not include an amount claimed for construction work.       (4) A preconstruction or construction lien attaches only to the interest that the owner has in the project property that is the subject of the lien.    Renumbered and Amended by Chapter 278, 2012 General Session
UT Code § 38-1a-302 (2021)
2021 Utah Code|Title 38 - Liens|Chapter 1a - Preconstruction and Construction Liens|Part 3 - Provisions Applicable to Preconstruction Liens and Construction Liens|Section 302 - Land covered by lien -- Multiple lots occupied by improvement -- What a lien attaches to.

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 land.     (2) If an improvement occupies two or more lots or other subdivisions of land, the lots or subdivisions are considered as one for the purposes of this chapter.     (3) A preconstruction or construction lien attaches to all franchises, privileges, appurtenances, machinery, and fixtures pertaining to or used in connection with the improvement.    Renumbered and Amended by Chapter 278, 2012 General Session
UT Code § 38-1a-303 (2021)
2021 Utah Code|Title 38 - Liens|Chapter 1a - Preconstruction and Construction Liens|Part 3 - Provisions Applicable to Preconstruction Liens and Construction Liens|Section 303 - Limits on attachment, garnishment, and execution levy -- Subcontractor lien not affected by payments, debts, offsets, and counterclaims involving other parties.

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 owes to an original contractor is not valid as against a subcontractor's preconstruction or construction lien.     (2) An assignment, attachment, or garnishment of or encumbrance or execution levy on money that an original contractor owes to a subcontractor is not valid as against a lien of a laborer employed by the day or piece.     (3) The preconstruction or construction lien of a subcontractor may not be diminished, impaired, or otherwise affected by:   (a) a payment, whether in cash or in-kind, to the original contractor or another subcontractor;     (b) a debt owed by the original contractor to the owner;     (c) a debt owed by another subcontractor to the original contractor or to a third subcontractor; or     (d) an offset or counterclaim in favor of the owner against the original contractor, or in favor of the original contractor against another subcontractor, or in favor of another subcontractor against a third subcontractor.      Enacted by Chapter 278, 2012 General Session
UT Code § 38-1a-304 (2021)
2021 Utah Code|Title 38 - Liens|Chapter 1a - Preconstruction and Construction Liens|Part 3 - Provisions Applicable to Preconstruction Liens and Construction Liens|Section 304 - Liens on multiple properties in one claim.

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 by the same person, the claimant shall designate the amount claimed to be due on each of the improvements.    Renumbered and Amended by Chapter 278, 2012 General Session
UT Code § 38-1a-305 (2021)
2021 Utah Code|Title 38 - Liens|Chapter 1a - Preconstruction and Construction Liens|Part 3 - Provisions Applicable to Preconstruction Liens and Construction Liens|Section 305 - Payments applied first to preconstruction lien.

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 claiming both a preconstruction lien and a construction lien shall be applied first to the preconstruction lien until paid in full.  Enacted by Chapter 278, 2012 General Session
UT Code § 38-1a-306 (2021)
2021 Utah Code|Title 38 - Liens|Chapter 1a - Preconstruction and Construction Liens|Part 3 - Provisions Applicable to Preconstruction Liens and Construction Liens|Section 306 - Substantial compliance.

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) Subsection (1) may not be construed to excuse compliance with or affect the requirement to file:   (a) a notice of preconstruction service as provided in Section 38-1a-401 in order to claim a preconstruction lien; or     (b) a preliminary notice as provided in Section 38-1a-501 in order to claim a construction lien.      Amended by Chapter 464, 2013 General Session
UT Code § 38-1a-307 (2021)
2021 Utah Code|Title 38 - Liens|Chapter 1a - Preconstruction and Construction Liens|Part 3 - Provisions Applicable to Preconstruction Liens and Construction Liens|Section 307 - Contesting certain notices.

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 a request under Subsection (1), the person who filed the contestable notice shall provide the requesting person evidence that the notice is valid.     (3) If the person who filed the notice does not provide timely evidence of the validity of the contestable notice, the person who filed the notice shall immediately cancel the notice from the registry in the manner prescribed by the division by rule.    Enacted by Chapter 278, 2012 General Session
UT Code § 38-1a-309 (2021)
2021 Utah Code|Title 38 - Liens|Chapter 1a - Preconstruction and Construction Liens|Part 3 - Provisions Applicable to Preconstruction Liens and Construction Liens|Section 309 - Interest rate -- Preconstruction service or construction contract -- Lien.

 Effective 5/9/2017  38-1a-309. Interest rate -- Preconstruction service or construction contract -- Lien.    (1) Subject to Subsection (2), 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 chapter against the project property, is, unless otherwise provided in the lawful contract, the rate described in Subsection 15-1-1(2).     (2) If a person that claims a lien against project property under this chapter is not in privity of contract with the owner or owner-builder, the interest rate that applies to the person's lien may not exceed the rate described in Subsection 15-1-1(2).    Amended by Chapter 373, 2017 General Session
UT Code § 38-1a-403 (2021)
2021 Utah Code|Title 38 - Liens|Chapter 1a - Preconstruction and Construction Liens|Part 4 - Preconstruction Lien Provisions|Section 403 - Effective time and priority of preconstruction lien -- Subordination to bona fide loan.

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:   (a) relates back to and takes effect as of the time of filing of the earliest timely filed notice of preconstruction service under Section 38-1a-401 for the anticipated improvement for which the preconstruction lien is claimed; and     (b) has priority over:   (i) any lien, mortgage, or other encumbrance that attaches after the earliest timely filed notice of preconstruction service is filed; and     (ii) any lien, mortgage, or other encumbrance of which the claimant had no notice and that was unrecorded at the time the earliest timely filed notice of preconstruction service is filed.         (2) A preconstruction lien is subordinate to an interest securing a bona fide loan if and to the extent that the lien covers preconstruction service provided after the interest securing a bona fide loan is recorded.    Amended by Chapter 464, 2013 General Session
UT Code § 38-1a-404 (2021)
2021 Utah Code|Title 38 - Liens|Chapter 1a - Preconstruction and Construction Liens|Part 4 - Preconstruction Lien Provisions|Section 404 - When preconstruction service considered complete.

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.  Enacted by Chapter 278, 2012 General Session
UT Code § 38-1a-405 (2021)
2021 Utah Code|Title 38 - Liens|Chapter 1a - Preconstruction and Construction Liens|Part 4 - Preconstruction Lien Provisions|Section 405 - Preconstruction liens on equal footing.

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:   (a) when the claimant submitted the claimant's notice of preconstruction service for recording;     (b) when the claimant submitted the claimant's notice of preconstruction lien for recording; or     (c) when the preconstruction service related to the lien occurs.       (2) Subsection (1) does not affect the priority of a construction lender's mortgage or trust deed, as established under this chapter.    Enacted by Chapter 464, 2013 General Session
UT Code § 38-1a-503 (2021)
2021 Utah Code|Title 38 - Liens|Chapter 1a - Preconstruction and Construction Liens|Part 5 - Construction Lien Provisions|Section 503 - Relation back and priority of liens.

 Effective 5/13/2014  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)   (a) Subject to Subsection (2)(b), a construction lien has priority over:   (i) any lien, mortgage, or other encumbrance that attaches after the first preliminary notice filing; and     (ii) any lien, mortgage, or other encumbrance of which the claimant had no notice and which was unrecorded at the time of the first preliminary notice filing.       (b) A recorded mortgage or trust deed that secures a construction loan attaches immediately before the first preliminary notice filing for the construction project if each claimant that has a preliminary notice on file on the construction project before the mortgage or trust deed was recorded receives full payment for all construction work the claimant performed before the mortgage or trust deed was recorded, regardless of whether the claimant receives full payment before or after the day on which the mortgage or trust deed is recorded.      Amended by Chapter 293, 2014 General Session
UT Code § 38-1a-504 (2021)
2021 Utah Code|Title 38 - Liens|Chapter 1a - Preconstruction and Construction Liens|Part 5 - Construction Lien Provisions|Section 504 - Construction liens on equal footing.

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 construction work for which the liens are claimed is provided.     (2) Subsection (1) relates to the relationship between claimants' construction liens and does not affect the priority of a construction lender's mortgage or trust deed, as established under this chapter.    Enacted by Chapter 278, 2012 General Session
UT Code § 38-1a-505 (2021)
2021 Utah Code|Title 38 - Liens|Chapter 1a - Preconstruction and Construction Liens|Part 5 - Construction Lien Provisions|Section 505 - Materials for a construction project not subject to process -- Exception.

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 materials are in good faith about to be applied to the construction, alteration, or repair of an improvement that is the subject of the construction project.     (2) Subsection (1) does not apply to an attachment, execution, or other legal process to enforce a debt incurred to purchase the materials described in Subsection (1).    Enacted by Chapter 278, 2012 General Session
UT Code § 38-1a-507 (2021)
2021 Utah Code|Title 38 - Liens|Chapter 1a - Preconstruction and Construction Liens|Part 5 - Construction Lien Provisions|Section 507 - Notice of completion.

38-1a-507. Notice of completion.    (1)   (a) Upon final completion of a construction project, a notice of completion may be filed with the registry by:   (i) an owner;     (ii) an original contractor for construction work;     (iii) a lender that has provided financing for the construction project;     (iv) a surety that has provided bonding for the construction project; or     (v) a title company issuing a title insurance policy on the construction project.       (b) A notice of completion shall include:   (i) the name, address, telephone number, and email address of the person filing the notice of completion;     (ii) the name of the county in which the project property is located;     (iii) for a private project:   (A) the tax parcel identification number of each parcel included in the project property;     (B) the entry number of a preliminary notice on the same project that includes the tax parcel identification number of each parcel included in the project property; or     (C) the entry number of the building permit issued for the project;       (iv) for a government project, the government project-identifying information;     (v) the date on which final completion is alleged to have occurred; and     (vi) the method used to determine final completion.         (2) A person filing a notice of completion by alternate means is responsible for verifying and changing any incorrect information in the notice of completion before the expiration of the time period during which the notice is required to be filed.    Renumbered and Amended by Chapter 278, 2012 General Session
UT Code § 38-1a-601 (2021)
2021 Utah Code|Title 38 - Liens|Chapter 1a - Preconstruction and Construction Liens|Part 6 - Construction Loans|Section 601 - Notice of construction loan.

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 construction loan.     (2) A notice under Subsection (1) shall accurately state:   (a) the lender's name, address, and telephone number;     (b) the name of the trustor on the trust deed securing the loan;     (c) the tax parcel identification number of each parcel included or to be included in the construction project for which the loan was given;     (d) the address of the project property; and     (e) the name of the county in which the project property is located.       (3) A construction lender that files a notice of construction loan containing incomplete or inaccurate information may not be held liable for damages suffered by any other person who relies on the inaccurate or incomplete information in filing a preliminary notice.    Renumbered and Amended by Chapter 278, 2012 General Session
UT Code § 38-1a-602 (2021)
2021 Utah Code|Title 38 - Liens|Chapter 1a - Preconstruction and Construction Liens|Part 6 - Construction Loans|Section 602 - Notice concerning construction loan default.

38-1a-602. Notice concerning construction loan default.    (1) Within five business days after a notice of default is filed for recording under Section 57-1-24 with respect to a trust deed on the project property securing a construction loan, the construction lender under the loan shall file a notice with the registry.     (2) A notice under Subsection (1) shall:   (a) include:   (i) the information required to be included in a notice of construction loan under Subsection 38-1a-601(2); and     (ii) the entry number of the notice of construction loan;       (b) state that a notice of default with respect to the construction loan has been recorded; and     (c) state the date that the notice of default was recorded.      Renumbered and Amended by Chapter 278, 2012 General Session
UT Code § 38-1a-603 (2021)
2021 Utah Code|Title 38 - Liens|Chapter 1a - Preconstruction and Construction Liens|Part 6 - Construction Loans|Section 603 - Notice of intent to finance.

 Effective 1/1/2020  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 Subsection (1) shall state:   (a) the anticipated date on which financing will occur;     (b) the anticipated lender's name, address, and telephone number;     (c) the name of the trustor on the trust deed securing the anticipated loan;     (d) the tax parcel identification number of each parcel included in the project property; and     (e) the name of the county in which the project property is located.       (3) If an owner chooses to file a notice of intent to finance, the owner shall file the notice of intent to finance no less than 14 days before the date on which the financing is anticipated to occur.     (4) If the financing does not occur within 30 days after the anticipated date specified in the notice of intent to finance, the notice of intent to finance shall automatically have no effect and shall be removed from the registry.    Enacted by Chapter 250, 2019 General Session
UT Code § 38-1a-604 (2021)
2021 Utah Code|Title 38 - Liens|Chapter 1a - Preconstruction and Construction Liens|Part 6 - Construction Loans|Section 604 - Notice of final lien waiver.

 Effective 1/1/2020  38-1a-604. Notice of final lien waiver.    (1) After a notice of intent to finance is filed under Section 38-1a-603 on 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.     (2) The final lien waiver described in Subsection (1) may be filed on the registry even if no notice of intent to finance was filed on the registry.    Enacted by Chapter 250, 2019 General Session
UT Code § 38-1a-702 (2021)
2021 Utah Code|Title 38 - Liens|Chapter 1a - Preconstruction and Construction Liens|Part 7 - Enforcement of Preconstruction and Construction Liens|Section 702 - Parties -- Consolidation of separate actions.

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) a claimant who is not contesting the claim of another claimant may join as a plaintiff;     (b) a claimant who fails or refuses to become a plaintiff may be made a defendant; and     (c) a claimant who is not made a party may intervene at any time before the final hearing.       (2) If separate actions are commenced under this part to enforce preconstruction or construction liens on the same property, the court may consolidate the actions and make all claimants parties to the consolidated action.    Enacted by Chapter 278, 2012 General Session
UT Code § 38-1a-703 (2021)
2021 Utah Code|Title 38 - Liens|Chapter 1a - Preconstruction and Construction Liens|Part 7 - Enforcement of Preconstruction and Construction Liens|Section 703 - Order of satisfaction if multiple liens on same property.

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 not furnished materials;     (2) all other subcontractors and all materialmen; and     (3) original contractors.    Renumbered and Amended by Chapter 278, 2012 General Session
UT Code § 38-1a-704 (2021)
2021 Utah Code|Title 38 - Liens|Chapter 1a - Preconstruction and Construction Liens|Part 7 - Enforcement of Preconstruction and Construction Liens|Section 704 - Sale of property -- Redemption -- Disposition of proceeds.

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 the payment of costs are not sufficient to satisfy the whole amount of liens included in the decree, then the proceeds shall be paid in the order designated in Section 38-1a-703, and pro rata to the persons claiming in each class if the sum realized is insufficient to pay the persons of the class in full.     (3) Any excess sale proceeds remaining after the payment of all liens and costs shall be paid to the owner.    Renumbered and Amended by Chapter 278, 2012 General Session