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Utah Code Title 38. Liens § 38-1a-707. Attorney fees--Offer of judgment

Current as of January 01, 2025 | Updated by Findlaw Staff

(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.

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Cite this article: FindLaw.com - Utah Code Title 38. Liens § 38-1a-707. Attorney fees--Offer of judgment - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-38-liens/ut-code-sect-38-1a-707/

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