Utah

Construction Liens and Attorney’s Fee Provisions, Two Ways for Contractors to Protect their Paydays

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 […]

Construction Liens and Attorney’s Fee Provisions, Two Ways for Contractors to Protect their Paydays Read More »

Does Amending a Recorded Notice of Lien Reset the Deadline to Foreclose on a Construction Lien in Utah?

If you need help or would like to speak with an experienced attorney, please call (801) 365-1030 or click here to contact us. 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

Does Amending a Recorded Notice of Lien Reset the Deadline to Foreclose on a Construction Lien in Utah? Read More »

The Final Steps of a Lien Claim: Winning the Lawsuit, Selling the Property, and Dividing up Proceeds

If you need help or would like to speak with an experienced attorney, please call (801) 365-1030 or click here to contact us. 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

The Final Steps of a Lien Claim: Winning the Lawsuit, Selling the Property, and Dividing up Proceeds Read More »

Construction Liens: A Basic Comparison Between Utah and Idaho Law

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 »

Enforcing Lien Rights in Utah Through a Construction Lien Foreclosure Lawsuit

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 »

Enhanced Penalties to Utah Contractors Who Fail to Pay Their Subcontractors and Suppliers

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

Enhanced Penalties to Utah Contractors Who Fail to Pay Their Subcontractors and Suppliers Read More »

Lien Enforcement in Utah: Put It in a Self-Storage Unit and Consider It “Liened”

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 »

New Insurance Option Offers Brokers Unprecedented Protection against Cargo Claims

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 »