Commercial Litigation Articles

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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7 Tips for Utah Employers on Firing Employees

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 …

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Specific Performance: Forcing a Party to Sell Land or Perform Other Contract Duties

Joseph G. Ballstaedt801.365.1021joe@snjlegal.com After a party breaches a contact and fails to perform the contract terms, you might be able to force him to perform through what is known as “specific performance.” This doctrine usually …

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Force Majeure Clauses and COVID-19

Many contracts include what is commonly known as a “Force Majeure” clause. “Force Majeure” translates literally as “superior strength.” Force majeure clauses may also be known as “Act of God” clauses. A force majeure clause …

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When Disaster Strikes, What Are My Contract Rights?

Joseph G. Ballstaedt801.365.1021joe@snjlegal.com This is a unique and disconcerting time. Challenges arising from the COVID-19 have created incredible uncertainty for society’s physical, emotional, and economic health. As this pandemic pushes on with no clear end in sight, …

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