Construction Law Articles
Does Amending a Recorded Notice of Lien Reset the Deadline to Foreclose on a Construction Lien in Utah?
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 …
Timelines (and the Statute of Limitations) for Foreclosing on a Trust Deed in Utah
Joseph G. Ballstaedt801.365.1021joe@snjlegal.com In Utah, trust deeds are often used to secure loans, ranging from loans for homebuyers to loans for general contractors used to finance real estate developments. The real property identified in the trust deed acts as collateral. …
How to Deal with Ambiguous Contracts in Utah
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 …
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 contracted for the work refuses …
Lien Worthy Restoration Work
In Utah, to lien, you must do more than clean. Restoration contractors often do more than clean up when disaster strikes a home or business. When a restoration contractor physically improves the structure, there may be a basis for a lien …
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 notice of construction lien; 3) filing …
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 is intended to reduce or …
Contractors and Subcontractors – What Does COVID-19 Mean for Your Contracts?
We suddenly find ourselves in a much different business atmosphere in April of 2020. Much of what we are experiencing is, of course, uncharted territory. The COVID-19 precautions and shutdowns are likely to impact every industry and area of the …
The General Contractor (or Subcontractor) Didn’t Pay My Company—What Interest Rate Applies?
Joseph G. Ballstaedt801.365.1021joe@snjlegal.com A general contractor or subcontractor hires your company to do work on a construction project. Your company provides the goods, services, and other work requested and sends an invoice. Weeks pass, and no payment comes. You call …