What Can a Utah Property Owner Do When a Co-Owner Fails to Pay Property Expenses?

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

By Joseph G. Ballstaedt 801-365-1021 [email protected] In Utah, a person can hold title to real estate with other people in a variety of ways, including as joint tenants with rights of survivorship or tenants in common. Spouses regularly share ownership of a property, but friends, business partners, roommates, or anyone can also own property jointly. Read More

Stopping Employees from Breaching Non-Competes and Non-Solicits Through Injunctions

Posted in Blog, Commercial Litigation, Employment Law by

By Joseph G. Ballstaedt 801-365-1021 [email protected] After a Utah employee leaves his or her employer and breaches a non-compete agreement by working for a competitor, or he or she breaches a non-solicitation agreement by soliciting customers or employees of the former employer, can that employer stop the employee from continuing to engage in this conduct? Read More

Are Non-Competition Agreements in Idaho Enforceable?

Posted in Blog, Commercial Litigation, Employment Law by

By Joseph G. Ballstaedt 801-365-1021 [email protected] In Idaho, a non-competition agreement is an agreement between an employer and an employee that prohibits the employee, after the employment relationship ends, from engaging in employment or a line of business that directly competes with the employer. Non-competition agreements generally prohibit employees from selling or offering to sell Read More

Does Amending a Recorded Notice of Lien Reset the Deadline to Foreclose on a Construction Lien in Utah?

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

By Joseph G. Ballstaedt 801-365-1021 [email protected] To preserve a lien claim, a lien claimant must, among other things, record a notice of construction lien with the county recorder’s office, and within 180 days thereafter, initiate a lawsuit to foreclose on that lien. But what happens if, within that 180-day period, the lien claimant files an Read More

Timelines (and the Statute of Limitations) for Foreclosing on a Trust Deed in Utah

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

By Joseph G. Ballstaedt 801-365-1021 [email protected] In Utah, trust deeds are often used to secure loans, ranging from loans for homebuyers to loans for general contractors used to finance real estate developments. The real property identified in the trust deed acts as collateral. If the debtor fails to pay, the lender can sell the property Read More

Are Non-Solicitation Agreements in Utah Enforceable?

Posted in Blog, Commercial Litigation, Employment Law by

By Joseph G. Ballstaedt 801-365-1021 [email protected] Usually, a non-solicitation agreement (or a non-solicit) is a written agreement signed by an employee that prohibits the employee from soliciting—or reaching out to do business with—the employer’s clients and customers after the employment relationship ends. A non-solicit can also refer to an agreement that prohibits an employee from Read More

Are Text Messages and Emails Considered a Written Agreement or Signed Agreement under the Statute of Frauds in Utah?

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By Victoria T. Linde 801-365-1020 [email protected] Utah Statute of Frauds Under the Utah Statute of Frauds there are certain types of contracts that cannot be enforced unless they are written and signed. The types of contracts that are governed by the statute of frauds, and must be in writing and “subscribed to by the party by Read More

What are My Rights if My Contract is Wrongfully Terminated?

Posted in Commercial Litigation, Uncategorized by

By Chase B. Ames [email protected] 801-365-1022 People commonly associate “wrongful termination” with employment contracts. However, any contract is susceptible to wrongful termination. Depending on the type of contract and the facts of your circumstances, your remedy may vary. A wrongful termination of a contract is a termination of the contract without lawful justification. For example, Read More