Are Non-Competition Agreements Against Independent Contractors Enforceable in Utah?

Posted in Blog, Commercial Litigation by

By Joseph G. Ballstaedt 801-365-1021 [email protected] Usually, a non-competition agreement is an agreement between an employer and an employee where the employee agrees to not compete with the employer’s business. These agreements are also known as non-competes, post-employment restrictive covenants, or covenants not to compete. They prohibit the employee from selling or offering to sell Read More

Adoption: When is the biological father not entitled to notice?

Posted in Blog, Estate Planning And Probate by

By Chase B. Ames 801.365.1022 [email protected] Parental rights are some of the most protected rights in American law. It makes sense then that, in most cases, each natural parent must receive notice of an adoption petition and an opportunity to contest the adoption. However, under specific circumstances in Utah, a biological father is not entitled to Read More

THE SECURE ACT: How It Will Affect You and the Beneficiaries of Your Retirement Accounts

Posted in Blog, Estate Planning And Probate by

By Jeff B. Skoubye 801.365.1012 [email protected] On December 20, 2019, President Trump signed the Setting Every Community Up for Retirement Enhancement Act (SECURE Act). The SECURE Act, which is effective January 1, 2020. The Act is the most impactful legislation affecting retirement accounts in decades. The SECURE Act has several positive changes: It increases the Read More

Lien Worthy Restoration Work

Posted in Blog, Construction Law by

By Chase B. Ames [email protected] 801.365.1022 In Utah, to lien, you must do more than clean. Restoration contractors often do more than clean up when disaster strikes a home or business. When a restoration contractor physically improves the structure, there may be a basis for a lien against the property. In the Utah Court of Read More

COVID-19 and Landlord Rights

Posted in Blog, Real Estate Law by

By Tyler S. Foutz 801.365.1017 [email protected] Without question, the impacts of COVID-19 have been felt on a wide scale across the economy of Utah. Many rumors and questions have arisen as to whether these impacts require tenants to pay rent, or whether they may be evicted for lease violations at the present time. In light Read More

Utah Construction Liens: An Overview of the Five Basic Steps

Posted in Blog, Commercial Litigation, Construction Law, Real Estate Law by

By Joseph G. Ballstaedt 801.365.1021 [email protected] In Utah, a construction lien is a valuable tool for any contractor, subcontractor, or supplier who does not receive payment for work it performs on a construction project. If the party who contracted for the work refuses or is unable to pay, the construction lien provides a second route Read More

The Final Steps of a Lien Claim: Winning the Lawsuit, Selling the Property, and Dividing up Proceeds

Posted in Blog, Commercial Litigation, Construction Law, Real Estate Law by

By Joseph G. Ballstaedt 801-365-1021 [email protected] In prior articles, I explained four general steps to preserving and enforcing a construction lien (also known as a mechanic’s lien) in Utah. These steps include: 1) filing a preliminary notice; 2) recording a notice of construction lien; 3) filing a lawsuit and recording a lis pendens; and 4) Read More