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7-2-401
Section 7-2-401 Passing of title; reservation for security; limited application of this section.
Each provision of this article with regard to the rights, obligations and remedies of the
seller, the buyer, purchasers or other third parties applies irrespective of title to the
goods except where the provision refers to such title. Insofar as situations are not covered
by the other provisions of this article and matters concerning title become material the following
rules apply: (1) Title to goods cannot pass under a contract for sale prior to their identification
to the contract (Section 7-2-501), and unless otherwise explicitly agreed the buyer acquires
by their identification a special property as limited by this title. Any retention or reservation
by the seller of the title (property) in goods shipped or delivered to the buyer is limited
in effect to a reservation of a security interest. Subject to these provisions and to the
provisions of the article on secured transactions (Article...
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7-2-725
Section 7-2-725 Statute of limitations in contracts for sale. (1) An action for breach of any
contract for sale must be commenced within four years after the cause of action has accrued.
By the original agreement the parties may reduce the period of limitation to not less than
one year but may not extend it. (2) A cause of action accrues when the breach occurs, regardless
of the aggrieved party's lack of knowledge of the breach. A breach of warranty occurs when
tender of delivery is made, except that where a warranty explicitly extends to future performance
of the goods and discovery of the breach must await the time of such performance the cause
of action accrues when the breach is or should have been discovered; however, a cause of action
for damages for injury to the person in the case of consumer goods shall accrue when the injury
occurs. (3) Where an action commenced within the time limited by subsection (1) is so terminated
as to leave available a remedy by another action for the...
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7-2A-405
Section 7-2A-405 Excused performance. Subject to Section 7-2A-404 on substituted performance,
the following rules apply: (a) Delay in delivery or nondelivery in whole or in part by a lessor
or a supplier who complies with paragraphs (b) and (c) is not a default under the lease contract
if performance as agreed has been made impracticable by the occurrence of a contingency the
nonoccurrence of which was a basic assumption on which the lease contract was made or by compliance
in good faith with any applicable foreign or domestic governmental regulation or order, whether
or not the regulation or order later proves to be invalid. (b) If the causes mentioned in
paragraph (a) affect only part of the lessor's or the supplier's capacity to perform, he or
she shall allocate production and deliveries among his or her customers but at his or her
option may include regular customers not then under contract for sale or lease as well as
his or her own requirements for further manufacture. He or she...
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8-29-3
Section 8-29-3 Timely payments to contractors and subcontractors; noncompliance with chapter;
percentage of retainage on payments. (a) When a contractor has performed pursuant to his or
her contract and submits an application or pay request for payment or an invoice for materials,
to the owner or owner's representative, the owner shall timely pay the contractor by mailing
via first class mail or delivering the amount of the pay request or invoice in accordance
with the payment terms agreed to by the owner and the contractor, the agreed upon payment
terms must be specified in all contract documents, but if payment terms are not agreed to,
then within 30 days after receipt of the pay request or invoice. (b) When a subcontractor
has performed pursuant to his or her contract and submits an application or pay request for
payment or an invoice for materials to a contractor in sufficient time to allow the contractor
to include the application, request, or invoice in his or her own pay request...
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11-50-371
Section 11-50-371 Contracts between public water corporations and public sewer corporations
for operation and management of sanitary sewer systems. (a) Any public water corporation and
any public sewer corporation are hereby authorized to enter into a contract with each other
whereunder such public water corporation shall act as agent for such public sewer corporation
for the operation and management of any sanitary sewer system of the public sewer corporation
which serves or which it is proposed will serve all or any part of the same territory served
or to be served by a water distribution system operated or to be operated by such public water
corporation. (b) Any such contract may contain such provisions and terms as may be mutually
agreed on by the parties thereto respecting the operation and management of the sanitary sewer
system covered thereby, including provisions respecting the furnishing of water by such public
water corporation for such sanitary sewer system, provisions...
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41-16-27
Section 41-16-27 Manner of awarding contracts; records; exemptions. (a) When purchases are
required to be made through competitive bidding, award shall, except as provided in subsection
(f), be made to the lowest responsible bidder taking into consideration the qualities of the
commodities proposed to be supplied, their conformity with specifications, the purposes for
which required, the terms of delivery, transportation charges, and the dates of delivery,
provided, that the awarding authority may at any time within 30 days after the bids are opened
negotiate and award the contract to anyone, provided he or she secures a price at least five
percent under the low acceptable bid. The award of such a negotiated contract shall be subject
to approval by the Director of Finance and the Governor, except in cases where the awarding
authority is a two-year or four-year college or university governed by a board. The awarding
authority or requisitioning agency shall have the right to reject any...
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41-16-51.1
Section 41-16-51.1 Municipal or county contracts for certain services exempt from competitive
bid requirement. Notwithstanding any other laws to the contrary, when it is necessary for
a county or an incorporated municipality to enter into a public contract for the provision
of services or for the provision of primarily services even though the contract may include
the furnishing of ancillary products or ancillary goods which would otherwise be required
to be let by competitive bid, the county or municipality may, without soliciting and obtaining
competitive bids, contract with a vendor or provider for the services at a price which does
not exceed the price which the state has established through the competitive bid process for
the same services under the same terms and conditions and provided it pertains to a current
and active bid on a non-statewide agency contract. The mere delivery of products or goods,
or the performance of a common, non-specialized service with relation to goods...
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6-6-455
Section 6-6-455 Proceedings when garnishee liable for delivery of personal property. If the
garnishee is liable for the delivery of personal property or for the payment of money which
may be discharged by the delivery of personal property, the value of the property must be
ascertained and a judgment entered against the garnishee that if he does not, by a day to
be fixed by the court which must be a day after the maturity of such contract, deliver such
property to the sheriff or other lawful officer, he must pay the value thereof or the sum
of money which was payable therein. Upon the return of the sheriff or such other officer that
such property was not delivered or the value thereof or such sum of money was not paid to
him as required by the judgment, execution must be issued for the ascertained value of such
property or for the sum of money payable therein, if the same is less than the amount of the
judgment against the defendant in the original action, or, if more or equal thereto,...
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7-2-327
Section 7-2-327 Special incidents of sale on approval and sale or return. (1) Under a sale
on approval unless otherwise agreed: (a) Although the goods are identified to the contract
the risk of loss and the title do not pass to the buyer until acceptance; and (b) Use of the
goods consistent with the purpose of trial is not acceptance but failure seasonably to notify
the seller of election to return the goods is acceptance, and if the goods conform to the
contract acceptance of any part is acceptance of the whole; and (c) After due notification
of election to return, the return is at the seller's risk and expense, but a merchant buyer
must follow any reasonable instructions. (2) Under a sale or return unless otherwise agreed:
(a) The option to return extends to the whole or any commercial unit of the goods while in
substantially their original condition, but must be exercised seasonably; and (b) The return
is at the buyer's risk and expense. (Acts 1965, No. 549, p. 811.)...
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23-1-60
Section 23-1-60 Authority of Director of Transportation to alter plans or character of work,
determine need for extra work, make supplemental agreements, etc. The following implementation
of the provisions of the State Department of Transportation standard specifications for highways
and bridges is hereby adopted as a statutory provision, any and all other laws in conflict
notwithstanding: (1) ALTERATION OF PLANS OR CHARACTER OF WORK. The Director of Transportation
shall have the authority to make, at any time during the progress of any construction on any
highway project under his or her jurisdiction, such changes or alterations of construction
details, including alterations in grade or alignment of roadway or bridges, or both, as may
be necessary or desirable for the successful completion of the project. The aforementioned
changes or alterations may or may not increase or decrease the original planned quantities;
however, under no circumstances shall changes or alterations involve...
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