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

Posted in Construction Law by Leave a comment

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

Posted in Construction Law by Leave a comment

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

Lis Pendens Explained

Posted in Construction Law, Real Estate Law by Leave a comment

“Legalese” often renders the law more confusing than it needs to be. Case in point: “lis pendens” (pronounced liz pendenz). This latin phrase meaning “lawsuit pending” refers to a legal document designed to inform the public of a lawsuit that could affect the right to own or possess a specific parcel of real estate. The Read More

A Utah Contractor’s Guide To Construction Defect Statutes of Limitation and Statutes of Repose

Posted in Blog, Construction Law by Leave a comment

For a contractor, the start of a new project means coordinating what can often feel like a thousand moving pieces. When this happens, it’s easy to forget to take in account time limitations for contractual and warranty claims on the work you’re about to provide. Before entering into any work on a project, always consider Read More