Construction Law Articles

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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Best Practices in Keeping Accounts Receivable from Default

Many businesses allow their customers to purchase goods and services on issued credit. Rather than requiring cash up front, the business will ultimately allow the customer to pick up the goods or acquire said services without paying first. Instead, the …

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Not All Unenforceable Construction Lien Claims in Utah Are Wrongful Liens

Joseph G. Ballstaedt801.365.1021joe@snjlegal.com A lien on real property (i.e. land and buildings) is a claim against this property for the payment of money. A notice of lien is generally a document that is recorded with a county recorder’s office in Utah that …

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The Four-Week Hold Before a Creditor Can Collect on a Utah Judgment

Joseph G. Ballstaedt801.365.1021joe@snjlegal.com If you win a lawsuit in Utah, you receive a judgment from the court, a piece of paper explaining that you won. This judgment usually includes an amount of money that you are now authorized to collect …

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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 …

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Resolving a Contract Dispute in Utah Through Accord and Satisfaction

Joseph G. Ballstaedt801.365.1021joe@snjlegal.com Unfortunately, not all contracts sail smoothly without dispute. Often times, one party breaches the contract—or there is at least a claim of a breach—and the two parties duke it out, and the conflict can be both time-consuming …

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Reinstatement and Payoff when a Utah Trust Deed Goes into Default

Joseph G. Ballstaedt801.365.1021joe@snjlegal.com When a homeowner fails to make payments in Utah, he or she is typically in danger of what is called a “non-judicial foreclosure.” What this means is that the lender (usually a bank but whoever is financing …

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