By Benton M. Eskelsen801-365-1021benton@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 parts of being an attorney for these contractors in such predicaments is when I have to tell …
Joseph G. Ballstaedt801.365.1021joe@snjlegal.com 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 that lien. But what happens if, within that 180-day period, the lien claimant files an amended notice of …
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 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 to the different laws that govern Utah and Idaho (in addition to any other states where they may …
Construction Liens: A Basic Comparison Between Utah and Idaho Law Read More »
Joseph G. Ballstaedt801.365.1021joe@snjlegal.com 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 lien, the lien claimant quickly loses the lien forever if he doesn’t take certain steps to preserve the lien, including the …
Enforcing Lien Rights in Utah Through a Construction Lien Foreclosure Lawsuit Read More »
Joseph G. Ballstaedt801.365.1021joe@snjlegal.com 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 certainly isn’t good for business. Subcontractors and suppliers may, of course, refuse to engage in future projects with …
Joseph G. Ballstaedt801.365.1021joe@snjlegal.com In Utah, the owner of a self-storage unit can sell a tenant’s property that is stored there to pay outstanding rent or other amounts owed by the tenant. Below is a more detailed explanation of how this process works. A Lien on the Stored Property Self-storage units are used to store personal …
Lien Enforcement in Utah: Put It in a Self-Storage Unit and Consider It “Liened” Read More »
Freight brokers often find themselves in a losing game of tug-of-war with carriers when it comes to deciding who will shoulder the costs of lost or damaged cargo. Now, thanks to the emergence of industry-specific insurance, this is starting to change. The Carmack Amendment places liability for lost or damaged cargo in the laps of …
New Insurance Option Offers Brokers Unprecedented Protection against Cargo Claims Read More »
The more technology disrupts the process of buying and selling a home, the more relevant it becomes to understand what you’re paying for when you hire a realtor. The answer: a professional, hopefully with experience, to help you through the process and ensure it is all done correctly. Exactly how that breaks down depends on …
