Construction Law Articles

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 …

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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 …

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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 …

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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 …

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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 …

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When Not Stated, What Interest Rate Applies to Contracts in Utah?

Joseph G. Ballstaedt 801.365.1021 joe@snjlegal.com The answer to this question is quite simple. Under Utah law, people who enter a contract can agree to any interest rate they want, but if they do not agree to a specific rate, the default …

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Preserving Lien Rights in Utah Through the Notice of Construction Lien

Joseph G. Ballstaedt801.365.1021joe@snjlegal.com Liens are automatically created when a person provides construction services on a piece of real property. The lien is an encumbrance that attaches to the owner’s interest in the property, and all that the lien claimant needs to do …

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How Credit Applications Protect Utah Suppliers

Joseph G. Ballstaedt801.365.1021joe@snjlegal.com Most Utah suppliers provide equipment, materials, supplies, and other goods to general contractors, subcontractors, and sometimes other suppliers on an ongoing basis. Depending on the nature of the business relationship, each purchase from the supplier might be …

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The Preliminary Notice: The First Step in Preserving Lien Rights in Utah

A construction lien—sometimes called a mechanic’s lien—is automatically created when a worker, contractor, subcontractor, supplier, or other entity in Utah provides work, services, or improvements on or for a specific piece of real property. (For simplicity in this post, we’ll refer to …

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