38-1-18 - Attorneys' fees -- Offer of judgment. - Utah Statutes

38-1-18. Attorneys' fees -- Offer of judgment.
(1) Except as provided in Section 38-11-107 and in Subsection (2), in any action broughtto enforce any lien under this chapter the successful party shall be entitled to recover a reasonableattorneys' fee, 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 38-1-25 is not entitled torecover attorneys' fees under Subsection (1).
(3) A party against whom any action is brought to enforce a lien under this chapter maymake an offer of judgment pursuant to Rule 68 of the Utah Rules of Civil Procedure. If the offeris not accepted and the judgment finally obtained by the offeree is not more favorable than theoffer, the offeree shall pay the costs and attorneys' fees incurred by the offeror after the offer wasmade.

Amended by Chapter 257, 2001 General Session