Lis Pendens Explained

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“Legalese” often renders the law more confusing than it needs to be. Case in point: “lis pendens” (pronounced liz pendenz). This latin phrase meaning “lawsuit pending” refers to a legal document designed to inform the public of a lawsuit that could affect the right to own or possess a specific parcel of real estate. The Read More

A Utah Contractor’s Guide To Construction Defect Statutes of Limitation and Statutes of Repose

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For a contractor, the start of a new project means coordinating what can often feel like a thousand moving pieces. When this happens, it’s easy to forget to take in account time limitations for contractual and warranty claims on the work you’re about to provide. Before entering into any work on a project, always consider Read More

Vicarious Liability and Independent Contractors: A Short Explanation

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As employers in the business industry know, they are directly responsible for any damages a negligent employee may cause. This is known in the legal field as “respondeat superior” or “vicarious liability” and is imposed regardless of whether or not the employer was involved or even aware the problem was going on. In contrast, employers Read More

Keep Out: Minimizing Liability for Non-Public Business Locations

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For anyone operating a business or controlling a construction site, an unauthorized person entering a private area and leaving with an injury can be a big concern. In the courts, responsibility for injuries occurring on land you own or control is called “premises liability,” and the costs of treating such injuries can be hefty. Fortunately, Read More

Should a Freight Broker Pay the Shipper for Damage to the Shipper’s Cargo?

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A question we frequently get from our broker clients is whether they should pay their client, the shipper, for loss or damage caused to the shipment during transit, and take an assignment of the shipper’s claim against the carrier. The question can be a difficult one and often largely depends on the broker’s relationship with Read More