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
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
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
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
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
Over the years, I’ve fielded countless calls from frantic individuals, subcontractors, contractors and suppliers desperate to file a construction lien against a project immediately because that was the only way they were going to be paid. They’re right. That is the only way they were likely ever to get paid. But unfortunately, it’s not quite Read More
“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
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
As employers in the business industry know, they are directly responsible for any damages a negligent employee may cause. This is known in the legal field as “respondeat superior” or “vicarious liability” and is imposed regardless of whether or not the employer was involved or even aware the problem was going on. In contrast, employers Read More
For anyone operating a business or controlling a construction site, an unauthorized person entering a private area and leaving with an injury can be a big concern. In the courts, responsibility for injuries occurring on land you own or control is called “premises liability,” and the costs of treating such injuries can be hefty. Fortunately, Read More
