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

Posted in Blog, Commercial Litigation, Construction Law, Real Estate Law by 1 Comment

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

Posted in Blog, Commercial Litigation, Construction Law by

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

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

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

He Breached the Contract—What Are My Rights Under Utah Law?

Posted in Commercial Litigation, Real Estate Law by

By Joseph G. Ballstaedt 801-365-1021 [email protected] Contracts are the underlying fabric of Utah’s economy. A contract is a legally enforceable agreement between two or more parties (i.e. persons, companies, legal entities, etc.). By entering a contract, a party agrees to make a payment or perform some other obligation in exchange for some type of benefit—whether Read More

The Statute of Frauds: When Oral Contracts in Utah May or May Not Have Teeth

Posted in Commercial Litigation, Real Estate Law by 1 Comment

By Joseph G. Ballstaedt 801-365-1021 [email protected] Written vs. Oral Contracts Not all contracts have to be in writing. Generally, if one party makes a valid offer and another party accepts that offer, these two parties create a binding and enforceable contract. This does not mean, however, that an oral contract is just as good as Read More

Obtaining Original Birth Certificates and Other Records After Adoption

Posted in Blog, Commercial Litigation, Estate Planning And Probate by

By Chase B. Ames 801-365-1022 [email protected] In Utah, it is extremely difficult for an adoptee to obtain any records related to their birth or adoption—including the adoptee’s original birth certificate—because these records are sealed following an adoption. An adoptee will literally have to wait 100 years before the records are unsealed. However, an adoptee in Read More