Construction Law Articles

Remodeling Your Home? Legal Tips From a Construction Lawyer

We’ve all heard the horror stories about home remodels gone wrong: contractors who disappear with the check, or the ones who stick around only to leave the house a wreck. Fortunately, you’re not completely helpless when it comes to preventing …

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Construction Subcontracts 101

As a subcontractor, you probably review A LOT of construction contracts handed to you by general contractors.  Here are a few tips for your next contract review. Bare Necessities.  If a general contractor hands you a 30-page contract to sign, …

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How to File a Bond Claim

Bond claims are essential to recovering money owed you on a construction contract. And yet, it’s an area where much confusion remains. More than once I’ve spoken to clients who thought they’d filed a bond claim, only to discover they …

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A Caution to Construction Material Suppliers: Don’t Get Caught in a Disadvantaged Business Enterprise Sham

Scenario: You just finished quoting a government project and the contractor you submitted the bid to tells you that you will be awarded the contract to provide construction supplies for the project. However, there is a catch.  When you receive …

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Tips for Getting Paid and Avoiding a Lawsuit on Your Next Construction Project

Being a part of building something that will last can be a great source of lasting satisfaction. That said, there is one thing that will sour that satisfaction regardless of how successful the project is—NOT GETTING PAID! As anyone in …

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What Is a Preliminary Notice and How Do I File One?

Over the years, I’ve fielded countless calls from frantic individuals, subcontractors, contractors and suppliers desperate to file a construction lien against a project immediately because that was the only way they were going to be paid. They’re right. That is the only …

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Lis Pendens Explained

“Legalese” often renders the law more confusing than it needs to be. Case in point: “lis pendens” (pronounced liz pendenz). This latin phrase meaning “lawsuit pending” refers to a legal document designed to inform the public of a lawsuit that could …

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A Utah Contractor’s Guide To Construction Defect Statutes of Limitation and Statutes of Repose

For a contractor, the start of a new project means coordinating what can often feel like a thousand moving pieces. When this happens, it’s easy to forget to take in account time limitations for contractual and warranty claims on the …

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Vicarious Liability and Independent Contractors: A Short Explanation

As employers in the business industry know, they are directly responsible for any damages a negligent employee may cause. This is known in the legal field as “respondeat superior” or “vicarious liability” and is imposed regardless of whether or not …

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