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Construction Liens: A Basic Comparison Between Utah and Idaho Law
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… Read More -
Enforcing Lien Rights in Utah Through a Construction Lien Foreclosure Lawsuit
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… Read More -
Preserving Lien Rights in Utah Through the Notice of Construction Lien
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… Read More -
How Credit Applications Protect Utah Suppliers
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… Read More -
The Preliminary Notice: The First Step in Preserving Lien Rights in Utah
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.… Read More -
Best Practices in Keeping Accounts Receivable from Default
By Kevin M. Bischoff 801-365-1018 [email protected] Many businesses allow their customers to purchase goods and services on issued credit. Rather than requiring cash up front, the business will ultimately allow the customer to pick up the goods or acquire said… Read More -
Not All Unenforceable Construction Lien Claims in Utah Are Wrongful Liens
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… Read More -
Enhanced Penalties to Utah Contractors Who Fail to Pay Their Subcontractors and Suppliers
By Joseph G. Ballstaedt 801-365-1021 [email protected] When a contractor fails to pay a subcontractor or supplier, the contractor takes a risky path. Even if the contractor doesn’t pay the subcontractor because he himself hasn’t been paid by the owner, it… Read More -
Resolving a Contract Dispute in Utah Through Accord and Satisfaction
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… Read More -
Reinstatement and Payoff when a Utah Trust Deed Goes into Default
By Joseph G. Ballstaedt 801-365-1021 [email protected] When a homeowner fails to make payments in Utah, he or she is typically in danger of what is called a “non-judicial foreclosure.” What this means is that the lender (usually a bank but… Read More