Utah Code § 38-1a-102

Definitions
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As used in this chapter:
(1) "Alternate means" means a method of filing a legible and complete notice or other document
with the registry other than electronically, as established by the division by rule.
(2) "Anticipated improvement" means an improvement:
(a) for which preconstruction service is performed; and
(b) that is anticipated to follow the performing of preconstruction service.
(3) "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 preconstruction or construction
lien is located.
(4) "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.
(5) "Claimant" means a person entitled to claim a preconstruction or construction lien.
(6) "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 (6)(a).
(7) "Construction lender" means a person who makes a construction loan.
(8) "Construction lien" means a lien under this chapter for construction work.
(9) "Construction loan" does not include a consumer loan secured by the equity in a consumer's
home.
(10) "Construction project" means an improvement that is constructed pursuant to an original
contract.
(11) "Construction work":
(a) means labor, service, material, or equipment provided for the purpose and during the process
of constructing, altering, or repairing an improvement; and
(b) includes scheduling, estimating, staking, supervising, managing, materials testing, inspection,
observation, and quality control or assurance involved in constructing, altering, or repairing an
improvement.
(12) "Contestable notice" means a notice of preconstruction service under Section 38-1a-401, a
preliminary notice under Section 38-1a-501, or a notice of completion under Section 38-1a-506.

(13) "Contesting person" means an owner, original contractor, subcontractor, or other interested
person.
(14) "Designated agent" means the third party the division contracts with as provided in Section

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