Nonpaying party means the original contractor, subcontractor, or real estate developer who has failed to pay the qualified beneficiary making a claim against the fund.
Nonpaying party means the original contractor, subcontractor, or real estate
Nonpaying party means the original contractor, subcontractor, or real 1517 estate developer who has failed to pay the qualified beneficiary making a claim against the 1518 fund. 1519 [(16)] (15) "Original contractor" means a person who contracts with the owner of real 1520 property or the owner's agent to provide services, labor, or material for the construction of an 1521 owner-occupied residence. 1522 [(17)] (16) "Owner" means a person who: 1523 (a) contracts with a person who is licensed as a contractor or is exempt from licensure 1524 under Title 58, Chapter 55, Utah Construction Trades Licensing Act, for the construction on an 1525 owner-occupied residence upon real property that the person: 1526 (i) owns; or 1527 (ii) purchases after the person enters into a contract described in this Subsection [(17)] 1528 (16)(a) and before completion of the owner-occupied residence; 1529 (b) contracts with a real estate developer to buy a residence upon completion of the 1530 construction on the owner-occupied residence; or 1531 (c) purchases a residence from a real estate developer after completion of the 1532 construction on the owner-occupied residence. 1533 [(18)] (17) "Owner-occupied residence" means a residence that is, or after completion 1534 of the construction on the residence will be, occupied by the owner or the owner's tenant or 1535 lessee as a primary or secondary residence within 180 days after the day on which the 1536 construction on the residence is complete. 1537 [(19)] (18) "Qualified beneficiary" means a person who: 1538 (a) provides qualified services; 1539 (b) pays necessary fees required under this chapter; and 1540 (c) registers with the division: 1541 (i) as a licensed contractor under Subsection 38-11-301(1) or (2), if that person seeks 1542 recovery from the fund as a licensed contractor; or 1543 (ii) as a person providing qualified services other than as a licensed contractor under 1544 Subsection 38-11-301(3) if the person seeks recovery from the fund in a capacity other than as 1545 a licensed contractor. 1546 [(20)] (19) (a) "Qualified services" means the following performed in construction on