Utah Construction Liens: An Overview of the Five Basic Steps

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

By Joseph G. Ballstaedt 801.365.1021 [email protected] In Utah, a construction lien is a valuable tool for any contractor, subcontractor, or supplier who does not receive payment for work it performs on a construction project. If the party who contracted for the work refuses or is unable to pay, the construction lien provides a second route Read More

The Final Steps of a Lien Claim: Winning the Lawsuit, Selling the Property, and Dividing up Proceeds

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

By Joseph G. Ballstaedt 801-365-1021 [email protected] In prior articles, I explained four general steps to preserving and enforcing a construction lien (also known as a mechanic’s lien) in Utah. These steps include: 1) filing a preliminary notice; 2) recording a notice of construction lien; 3) filing a lawsuit and recording a lis pendens; and 4) Read More

Can Employees Refuse to Return to Work because of COVID-19?

Posted in Blog, Business Organizations by

By Nathan D. Anderson [email protected] 801.365.1024   Utah is easing some of its COVID-19 restrictions. With the move from “high risk” to “moderate risk” under the Utah Leads Together Plan, some businesses are reopening. While some employees are anxious to return to work, others are not. This raises an important question for employers: Can employees refuse Read More

7 Tips for Utah Employers on Firing Employees

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By Joseph G. Ballstaedt 801-365-1021 [email protected] Owning a business is a rewarding and challenging experience. Perhaps one of the most challenging responsibilities for business owners is hiring quality employees and—when necessary—knowing when and how to fire employees. This article briefly discusses 7 tips that will help you avoid legal and other issues when you let Read More

Force Majeure Clauses and COVID-19

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By Tyler S. Foutz Many contracts include what is commonly known as a “Force Majeure” clause. “Force Majeure” translates literally as “superior strength.” Force majeure clauses may also be known as “Act of God” clauses. A force majeure clause is intended to reduce or alter contractual obligations should a major event occur which renders the Read More

Contractors and Subcontractors – What Does COVID-19 Mean for Your Contracts?

Posted in Blog, Commercial Litigation, Construction Law by

By Tyler S. Foutz We suddenly find ourselves in a much different business atmosphere in April of 2020.  Much of what we are experiencing is, of course, uncharted territory.  The COVID-19 precautions and shutdowns are likely to impact every industry and area of the economy in a different way.  Many contractors and subcontractors in the Read More

How to Pierce Through the Corporate Veil to Hold Individuals Personally Liable

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By Joseph G. Ballstaedt 801-365-1021 [email protected] It might be argued that the American Dream—the opportunity and right to pursue prosperity and financial success—is based upon the corporate structure. To avoid much of the personal liability associated with running a business, an individual can form a corporation or limited liability company that is separate from the Read More