Utah Statutes
§ 38-1a-707 — Attorney fees -- Offer of judgment.
Utah·Title 38 Liens·Ch. 38-1a Preconstruction and Construction Liens·Part 38-1a-7 Enforcement of Preconstruction and Construction Liens
(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)(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.
(3)(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 of
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2025 UT 14 (Utah Supreme Court, 2025)
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.