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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 -
How to Own Your Real Estate
By Jeff B. Skoubye 801.365.1012 [email protected] Real estate encompasses not only one’s primary residence but also other real estate such as a vacation home or a rental property. The ideal form of ownership varies depending on the type of real… Read More -
COVID-19 and Landlord Rights
By Tyler S. Foutz Without question, the impacts of COVID-19 have been felt on a wide scale across the economy of Utah. Many rumors and questions have arisen as to whether these impacts require tenants to pay rent, or whether… 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 -
Title Insurance in Utah Residential Real Estate Transactions
One of the more confusing items on any closing sheet in a residential real estate transaction is the “Title Insurance.” Title Insurance simply provides insurance to interested parties that they hold “clear title” to the property. Clear title means that… Read More -
Escrow and Closing in Real Estate Transactions
By Tyler Foutz Once the contract contingencies have been completed, the real estate transaction progresses to what is commonly called Closing. Closing simply means that each party completes their contractual obligations – the Seller provides a deed, and the Buyer… Read More -
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