COVID-19 and Landlord Rights

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By Tyler S. Foutz Without question, the impacts of COVID-19 have been felt on a wide scale across the economy of Utah. Many rumors and questions have arisen as to whether these impacts require tenants to pay rent, or whether they may be evicted for lease violations at the present time. In light of the Read More

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

Title Insurance in Utah Residential Real Estate Transactions

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One of the more confusing items on any closing sheet in a residential real estate transaction is the “Title Insurance.”  Title Insurance simply provides insurance to interested parties that they hold “clear title” to the property.  Clear title means that there is no party holding a superior or senior interest in the property.  An example Read More

Escrow and Closing in Real Estate Transactions

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By Tyler Foutz Once the contract contingencies have been completed, the real estate transaction progresses to what is commonly called Closing.  Closing simply means that each party completes their contractual obligations – the Seller provides a deed, and the Buyer provides the purchase funds.  In Utah, Closings are completed by title companies who act as Read More

Construction Liens: A Basic Comparison Between Utah and Idaho Law

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

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

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

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