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Rights Under Express Easements in Utah
By Joseph G. Ballstaedt 801-365-1021 [email protected] 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… Read More -
What Can a Utah Property Owner Do When a Co-Owner Fails to Pay Property Expenses?
By Joseph G. Ballstaedt 801-365-1021 [email protected] In Utah, a person can hold title to real estate with other people in a variety of ways, including as joint tenants with rights of survivorship or tenants in common. Spouses regularly share ownership… Read More -
Does Amending a Recorded Notice of Lien Reset the Deadline to Foreclose on a Construction Lien in Utah?
By Joseph G. Ballstaedt 801-365-1021 [email protected] To preserve a lien claim, a lien claimant must, among other things, record a notice of construction lien with the county recorder’s office, and within 180 days thereafter, initiate a lawsuit to foreclose on… Read More -
Timelines (and the Statute of Limitations) for Foreclosing on a Trust Deed in Utah
By Joseph G. Ballstaedt 801-365-1021 [email protected] In Utah, trust deeds are often used to secure loans, ranging from loans for homebuyers to loans for general contractors used to finance real estate developments. The real property identified in the trust deed… Read More -
How to Deal with Ambiguous Contracts in Utah
By Joseph G. Ballstaedt 801-365-1021 [email protected] What happens when two parties to a contract disagree about what the contract language means? How are ambiguities in a contract resolved? Utah courts and judges should interpret and enforce each contract in a… Read More -
Lien Worthy Restoration Work
By Chase B. Ames [email protected] 801.365.1022 In Utah, to lien, you must do more than clean. Restoration contractors often do more than clean up when disaster strikes a home or business. When a restoration contractor physically improves the structure, there… Read More -
Utah Construction Liens: An Overview of the Five Basic Steps
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… Read More -
The Final Steps of a Lien Claim: Winning the Lawsuit, Selling the Property, and Dividing up Proceeds
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… Read More -
Force Majeure Clauses and COVID-19
By Tyler S. Foutz Many contracts include what is commonly known as a “Force Majeure” clause. “Force Majeure” translates literally as “superior strength.” Force majeure clauses may also be known as “Act of God” clauses. A force majeure clause is… Read More -
Contractors and Subcontractors – What Does COVID-19 Mean for Your Contracts?
By Tyler S. Foutz We suddenly find ourselves in a much different business atmosphere in April of 2020. Much of what we are experiencing is, of course, uncharted territory. The COVID-19 precautions and shutdowns are likely to impact every industry… Read More