35-27-01. Definitions

35-27-01. Definitions In this chapter, unless the context or subject matter otherwise requires: 1. "Contract" means any agreement for improving real property, written or unwritten, express or implied. 2. "Improve" means to build, erect, place, make, alter, remove, repair, or demolish any improvement upon, connected with, or beneath the surface of any land, or excavate any land, or furnish materials for any of these purposes, or dig or construct any fences, wells, or drains upon the improvement, or perform any labor or services upon the improvement; perform any architectural services, construction staking, engineering, land surveying, mapping, or soil testing upon or in connection with the improvement; or perform any labor or services or furnish any materials in laying upon the real estate or in the adjoining street or alley any pipes, wires, fences, curbs, gutters, paving, sewer pipes or conduit, or sidewalks, or in grading, seeding, sodding, or planting for landscaping purposes, or in equipping any such improvement with fixtures or permanent apparatus. 3. "Improvement" means any building, structure, erection, construction, alteration, repair, removal, demolition, excavation, landscaping, or any part thereof, existing, built, erected, improved, placed, made, or done on real estate for its permanent benefit. 4. "Materials" means materials or fixtures that are incorporated in the improvement and those which become normal wastage in construction operations, custom or specially fabricated materials for incorporation in the improvement, building materials used for construction, but not remaining in the improvement, subject to diminution by the salvage value of the materials, tools, appliances, or machinery, excluding hand tools, used in the construction of the improvement to the extent of the reasonable value for the period of actual use. The rental value is not determinable by the contract for rental unless the owner is a party to the rental contract. 5. "Owner" means the legal or equitable owner and also every person for whose immediate use and benefit any building, erection, or improvement is made, having the capacity to contract, including guardians of minors or other persons. 6. "Person" means every natural person, fiduciary, association, corporation, or limited liability company. 7. "Subcontractor" means a person contributing any skill, labor, or materials to the improvement which does not have a direct contract with the owner; and, includes any person that enters a contract with a subcontractor, for the performance of any part of the subcontractor's contract.