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

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?

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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

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

Resolving a Contract Dispute in Utah Through Accord and Satisfaction

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

By Joseph G. Ballstaedt 801-365-1021 [email protected] Unfortunately, not all contracts sail smoothly without dispute. Often times, one party breaches the contract—or there is at least a claim of a breach—and the two parties duke it out, and the conflict can be both time-consuming and expensive. There is a common saying that “a bird in the Read More