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

How to Deal with Ambiguous Contracts in Utah

Posted in Business Organizations, Commercial Litigation, Construction Law, Employment Law, Real Estate Law by

By Joseph G. Ballstaedt 801-365-1021 [email protected] What happens when two parties to a contract disagree about what the contract language means? How are ambiguities in a contract resolved? Utah courts and judges should interpret and enforce each contract in a way that is in line with the intent of the parties who signed the contract. Read More

Utah Contacts: When is Substantial Performance Enough?

Posted in Blog, Commercial Litigation by

By Joseph G. Ballstaedt 801-365-1021 [email protected] Under Utah law, must parties to a contract perform their contract duties strictly, literally, exactly, and completely? If they do not, are they in breach and liable for damages? No, not always. Sometimes all that is required is “substantial performance.” This article discusses what substantial performance is and what Read More

Paying and Withholding Wages During Employment or Upon Termination and Other Issues Answered by the Utah Payment of Wages Act

Posted in Blog, Commercial Litigation, Employment Law by

By Joseph G. Ballstaedt 801-365-1021 [email protected] Wage claims and disputes between Utah employees and employers are fairly common, unfortunately. The Utah Payment of Wages Act contains many of the statutes and guidelines that any employee or employer should understand when a payment question or dispute arises. This article explains some of the requirements under the Read More

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

Posted in Blog, Commercial Litigation, Employment Law, Employment Law 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

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

7 Tips for Utah Employers on Firing Employees

Posted in Blog, Commercial Litigation, Employment Law by

By Joseph G. Ballstaedt 801-365-1021 [email protected] Owning a business is a rewarding and challenging experience. Perhaps one of the most challenging responsibilities for business owners is hiring quality employees and—when necessary—knowing when and how to fire employees. This article briefly discusses 7 tips that will help you avoid legal and other issues when you let Read More