Construction Law Articles
The Utah Consumer Sales Practices Act, A valuable protection for consumers against unscrupulous businesses
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 …
Boundary by Estoppel: How Representing Wrong Property Lines in Utah Is Binding
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 …
Deadline to Record Construction Lien in Utah
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 …
Boundary by Agreement: How Agreeing to Wrong Property Lines in Utah Is Binding
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 …
My Neighbor’s Water is Flooding Into My Land. What Are My Rights in Utah?
By Joseph G. Ballstaedt 801-365-1021 joe@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, …
Construction Liens and Attorney’s Fee Provisions, Two Ways for Contractors to Protect their Paydays
By Benton M. Eskelsen 801-365-1021 benton@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 …
What Happens When a Utah Contractor Works Without a License?
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 …
Spoliation: When You Must Preserve Evidence in Utah Lawsuits
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 …
Unconscionable and Unenforceable Contracts in Utah
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 …