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?

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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

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?

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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

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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