The Preliminary Notice: The First Step in Preserving Lien Rights in Utah

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

By Joseph G. Ballstaedt 801-365-1021 [email protected] A construction lien—sometimes called a mechanic’s lien—is automatically created when a worker, contractor, subcontractor, supplier, or other entity in Utah provides work, services, or improvements on or for a specific piece of real property. (For simplicity in this post, we’ll refer to this as “construction work.”) A lien attaches Read More

Best Practices in Keeping Accounts Receivable from Default

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By Kevin M. Bischoff 801-365-1018 [email protected] Many businesses allow their customers to purchase goods and services on issued credit. Rather than requiring cash up front, the business will ultimately allow the customer to pick up the goods or acquire said services without paying first. Instead, the business will invoice the customer after the fact, and Read More

Not All Unenforceable Construction Lien Claims in Utah Are Wrongful Liens

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By Joseph G. Ballstaedt 801-365-1021 [email protected] A lien on real property (i.e. land and buildings) is a claim against this property for the payment of money. A notice of lien is generally a document that is recorded with a county recorder’s office in Utah that gives notice to the public that this piece of property Read More

Enhanced Penalties to Utah Contractors Who Fail to Pay Their Subcontractors and Suppliers

Posted in Construction Law by

By Joseph G. Ballstaedt 801-365-1021 [email protected] When a contractor fails to pay a subcontractor or supplier, the contractor takes a risky path. Even if the contractor doesn’t pay the subcontractor because he himself hasn’t been paid by the owner, it certainly isn’t good for business. Subcontractors and suppliers may, of course, refuse to engage in Read More

Resolving a Contract Dispute in Utah Through Accord and Satisfaction

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

By Joseph G. Ballstaedt 801-365-1021 [email protected] Unfortunately, not all contracts sail smoothly without dispute. Often times, one party breaches the contract—or there is at least a claim of a breach—and the two parties duke it out, and the conflict can be both time-consuming and expensive. There is a common saying that “a bird in the Read More

Mediation: Anything You Say CANNOT Be Used Against You in Court

Posted in Business Organizations, Construction Law, Transportation Law by

By Joseph G. Ballstaedt 801-365-1021 [email protected] Business A claims that Business B breached a contract. A wonderful business relationship has soured, a lawsuit has erupted, and the parties are on the brink of spending hundreds of thousands of dollars on litigation. Conscious of these costs, however, the two businesses agree to mediate. Sure enough, the Read More

Remodeling Your Home? Legal Tips From a Construction Lawyer

Posted in Construction Law by

We’ve all heard the horror stories about home remodels gone wrong: contractors who disappear with the check, or the ones who stick around only to leave the house a wreck. Fortunately, you’re not completely helpless when it comes to preventing catastrophes like these. The following are four basic tips for ensuring a smooth process. Make Read More

How to File a Bond Claim

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Bond claims are essential to recovering money owed you on a construction contract. And yet, it’s an area where much confusion remains. More than once I’ve spoken to clients who thought they’d filed a bond claim, only to discover they were mistaken. A little unsure of the process yourself? Read on. Payment bonds are often Read More

A Caution to Construction Material Suppliers: Don’t Get Caught in a Disadvantaged Business Enterprise Sham

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Scenario: You just finished quoting a government project and the contractor you submitted the bid to tells you that you will be awarded the contract to provide construction supplies for the project. However, there is a catch.  When you receive the contract for signature you notice that the party that you are contracting with is Read More

Tips for Getting Paid and Avoiding a Lawsuit on Your Next Construction Project

Posted in Commercial Litigation, Construction Law by Leave a comment

Being a part of building something that will last can be a great source of lasting satisfaction. That said, there is one thing that will sour that satisfaction regardless of how successful the project is—NOT GETTING PAID! As anyone in the construction business knows, too many projects end up with conflicts over payment, resulting at Read More