By Benton M. Eskelsen 801.365.1029 benton@snjlegal.com Often times customers get the raw end of a deal. They order something and it never shows up, the product wasn’t as described in the advertisement, or a premium price is paid for an inferior item. It may seem like there isn’t much you can do and that your situation …
By Joseph G. Ballstaedt801.365.1021 joe@snjlegal.com Let’s suppose you buy undeveloped property and ask your east neighbor where the property line is so you can build an expensive fence on your side of the property line. He tells you it is a row of trees he planted last year and that if you build west of those …
Boundary by Estoppel: How Representing Wrong Property Lines in Utah Is Binding Read More »
Utah contractors have a limited time to file a valid construction lien. Determining whether a lien is timely depends on the circumstances of each project. Contractors should be aware of important dates and project milestones to best protect their right to payment. If no notice of completion is filed with the Registry, the contractor will …
By Joseph G. Ballstaedt801.365.1021joe@snjlegal.com Let’s suppose your neighbor wants to build a fence between your two properties. You two aren’t sure where the real property line is and neither wants to pay for a survey. So you both agree to a suitable property line and mark it with wooden stakes, and your neighbor proceeds to …
Boundary by Agreement: How Agreeing to Wrong Property Lines in Utah Is Binding Read More »
By Joseph G. Ballstaedt801-365-1021joe@snjlegal.com If water from your neighbor’s property is flooding into and damaging your property, what can you do? Who is responsible? What laws apply? This article discusses different rules that govern surface water intrusions and disputes between neighbors, including the reasonable use rule, the rule Utah courts appear to have adopted. What Different Surface Water Rules Exist? …
My Neighbor’s Water is Flooding Into My Land. What Are My Rights in Utah? Read More »
By Benton M. Eskelsen801-365-1021benton@snjlegal.com One of the worst parts of working in the construction industry is how often clients, general contractors, etc. refuse to pay contractors for a job without any justification. Similarly, one of the worst parts of being an attorney for these contractors in such predicaments is when I have to tell …
By Joseph G. Ballstaedt801-365-1021joe@snjlegal.com Doing construction work in Utah without a proper license is a risky business. This article discusses what construction work requires a license and what work is exempt from requiring a license. This article also explains the general rule that prevents an unlicensed contractor from suing for unpaid work on a construction …
What Happens When a Utah Contractor Works Without a License? Read More »
By Joseph G. Ballstaedt801-365-1021joe@snjlegal.com In Utah lawsuits, both sides have a duty to preserve and not destroy relevant evidence. This article discusses that duty and how a Utah court can punish a party who fails to preserve evidence. It also discusses other relevant issues, such as how to best preserve electronic evidence What is spoliation? …
Spoliation: When You Must Preserve Evidence in Utah Lawsuits Read More »
Joseph G. Ballstaedt801.365.1021joe@snjlegal.com Almost every contract in Utah is enforceable, but a contract or agreement that is unconscionable is unenforceable. The contract defense of unconscionability prevents oppression and unfair surprise. This article discusses the difficult task of overcoming the general presumption that contracts are enforceable, the elements needed to prove unconscionability, and other issues relevant …
Unconscionable and Unenforceable Contracts in Utah Read More »
Joseph G. Ballstaedt801.365.1021joe@snjlegal.com An easement is the right to use another person’s land. In Utah, easements can be created in a variety of ways, including by expressly giving an easement, by implication, by necessity, and by adverse possession (a prescriptive easement). This article discusses express easements (the most common type of easement), including how they are created, …
