By Joseph G. Ballstaedt 801-365-1021 [email protected] Many contractors, subcontractors, suppliers, and other parties in the construction industry conduct business in both Utah and Idaho. To preserve and enforce their construction lien rights, these entities must be aware of and adhere to the different laws that govern Utah and Idaho (in addition to any other states Read More
By Joseph G. Ballstaedt 801-365-1021 [email protected] As I have explained earlier, liens are automatically created when a worker, contractor, subcontractor, supplier, or other person or entity provides construction services on real property. Although nothing more is required to create this lien, the lien claimant quickly loses the lien forever if he doesn’t take certain steps Read More
By Joseph G. Ballstaedt 801-365-1021 [email protected] Liens are automatically created when a person provides construction services on a piece of real property. The lien is an encumbrance that attaches to the owner’s interest in the property, and all that the lien claimant needs to do to create the lien is provide the construction services. Nothing Read More
By Joseph G. Ballstaedt 801-365-1021 [email protected] Most Utah suppliers provide equipment, materials, supplies, and other goods to general contractors, subcontractors, and sometimes other suppliers on an ongoing basis. Depending on the nature of the business relationship, each purchase from the supplier might be made in one of many different ways— ranging from an email request, Read More
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
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
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
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
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
By Joseph G. Ballstaedt 801-365-1021 [email protected] When a homeowner fails to make payments in Utah, he or she is typically in danger of what is called a “non-judicial foreclosure.” What this means is that the lender (usually a bank but whoever is financing the loan) can sell the home to recover the amount that the Read More
