Utah Statutes
§ 38-1a-209 — Abuse of registry -- Penalty.
Utah·Title 38 Liens·Ch. 38-1a Preconstruction and Construction Liens·Part 38-1a-2 State Construction Registry
(1)As used in this section, "third party" means an owner, an original contractor, a subcontractor, or any interested party.
(2)A person abuses the registry if that person files a notice in the registry:
(2)(a) without a good faith basis for doing so;
(2)(b) with the intent to exact more than is due from the owner or any other interested party; or
(2)(c) to procure an unjustified advantage or benefit.
(3)A person who abuses the registry as described in Subsection (2) is liable to a third party who is affected by the notice for twice the amount of the actual damages incurred by the third party or $2,000, whichever is greater.
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Legislative History
Renumbered and Amended by Chapter 278, 2012 General Session
Nearby Sections
15
§ 38-10-101
Definitions.§ 38-10-103
Nonimpairment of lien attached to estate less than fee or to equitable or legal contingent interest.§ 38-10-104
Limitation of interests covered by lien.§ 38-10-106
Enforcement -- Time for -- Lis pendens -- Action for debt not affected -- Execution on an interest.§ 38-10-108
Limitation upon owner's liability.§ 38-10-110
Cancellation of lien.§ 38-10-111
Abuse of lien right -- Penalty.§ 38-10-112
Assignment of lien.§ 38-10-114
Attorney fees.