Commercial Litigation Articles

Are Text Messages and Emails Considered a Written Agreement or Signed Agreement under the Statute of Frauds in Utah?

Under the Utah Statute of Frauds there are certain types of contracts that cannot be enforced unless they are written and signed. The types of contracts that are governed by the statute of frauds, and must be …

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What are My Rights if My Contract is Wrongfully Terminated?

People commonly associate “wrongful termination” with employment contracts. However, any contract is susceptible to wrongful termination. Depending on the type of contract and the facts of your circumstances, your remedy may vary. A wrongful termination …

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Utah Contacts: When is Substantial Performance Enough?

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. …

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Paying and Withholding Wages During Employment or Upon Termination and Other Issues Answered by the Utah Payment of Wages Act

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 …

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Does a DBA Protect Me from Personal Liability?

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, …

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Are Non-Competition Agreements Against Independent Contractors Enforceable in Utah?

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, …

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Preparing to Enforce Liens on Property Stored in Self-Storage Units

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 …

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Utah Construction Liens: An Overview of the Five Basic Steps

Joseph G. Ballstaedt801.365.1021joe@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 …

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

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 …

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