Construction Liens: A Basic Comparison Between Utah and Idaho Law

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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

Enforcing Lien Rights in Utah Through a Construction Lien Foreclosure Lawsuit

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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

Preserving Lien Rights in Utah Through the Notice of Construction Lien

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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

How Credit Applications Protect Utah Suppliers

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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

Restrictive Covenants: When Non-Compliance Might Be Acceptable

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By Joseph G. Ballstaedt 801-365-1021 [email protected] A property owner cannot build on and use his property in any way that he chooses. He must follow any applicable state and city laws and ordinances and obtain the required permits and approvals, of course. He must also be mindful of—and follow—any restrictive covenants that pertain to the Read More

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

Not All Unenforceable Construction Lien Claims in Utah Are Wrongful Liens

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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?

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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