Joseph G. Ballstaedt801.365.1021joe@snjlegal.com 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 way that is in line with the intent of the parties who signed the contract. Usually, the parties’ …
Joseph G. Ballstaedt801.365.1021joe@snjlegal.com Under Utah law, must parties to a contract perform their contract duties strictly, literally, exactly, and completely? If they do not, are they in breach and liable for damages? No, not always. Sometimes all that is required is “substantial performance.” This article discusses what substantial performance is and what it is not, …
Utah Contacts: When is Substantial Performance Enough? Read More »
Joseph G. Ballstaedt801.365.1021joe@snjlegal.com An employer asks an employee to do something illegal or improper as part of that employee’s work duties. The employee refuses. Shortly thereafter, the employer fires the employee. What next? Is there anything the employee can do? Should the employer be worried about liability for wrongfully firing the employee? Probably. In Utah, …
Firing Employees in Utah who Refuse to Engage in Illegal Conduct Read More »
Joseph G. Ballstaedt801.365.1021joe@snjlegal.com Wage claims and disputes between Utah employees and employers are fairly common, unfortunately. The Utah Payment of Wages Act contains many of the statutes and guidelines that any employee or employer should understand when a payment question or dispute arises. This article explains some of the requirements under the Utah Payment of Wages Act …
Joseph G. Ballstaedt801.365.1021joe@snjlegal.com A client of mine owned a company that was involved in a lawsuit, and he was not worried about personal liability because the company was a DBA (“doing business as”). He, personally, had applied for and obtained the DBA, so he was mistaken. He, personally, was liable for any claim or judgment …
Joseph G. Ballstaedt801.365.1021joe@snjlegal.com Usually, a non-competition agreement is an agreement between an employer and an employee where the employee agrees to not compete with the employer’s business. These agreements are also known as non-competes, post-employment restrictive covenants, or covenants not to compete. They prohibit the employee from selling or offering to sell products, processes, or services that are similar …
Are Non-Competition Agreements Against Independent Contractors Enforceable in Utah? Read More »
Joseph G. Ballstaedt801.365.1021joe@snjlegal.com In Utah, the owner of a self-storage unit has collateral it can sell, if needed, to pay debts owed by tenants: the tenants’ property that is stored there. This does not mean that the owner can sell the property in any way it wishes. Rather, an owner of a self-storage unit needs …
Preparing to Enforce Liens on Property Stored in Self-Storage Units Read More »
Joseph G. Ballstaedt 801.365.1021 joe@snjlegal.com 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 the work refuses or is unable to pay, the construction lien provides a second route to …
Utah Construction Liens: an overview of the Five Basic Steps Read More »
Joseph G. Ballstaedt801.365.1021joe@snjlegal.com 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 notice of construction lien; 3) filing a lawsuit and recording a lis pendens; and 4) prevailing in that lien foreclosure lawsuit. The …
Joseph G. Ballstaedt801.365.1021joe@snjlegal.com Owning a business is a rewarding and challenging experience. Perhaps one of the most challenging responsibilities for business owners is hiring quality employees and—when necessary—knowing when and how to fire employees. This article briefly discusses 7 tips that will help you avoid legal and other issues when you let an employee go. …
