Real Estate Law Articles

Buying a Home? Get What You Pay For

A real estate transaction is the largest purchase many of us will ever make. Fortunately, the process in place is one designed to minimize surprises as much as possible. Take advantage of that system fully …

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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 …

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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 …

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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 …

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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 …

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Keep Out: Minimizing Liability for Non-Public Business Locations

For anyone operating a business or controlling a construction site, an unauthorized person entering a private area and leaving with an injury can be a big concern. In the courts, responsibility for injuries occurring on …

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Bankruptcy Updates

September 14, 2011A survey recently released by the Institute for Financial Literacy bankruptcies filed by consumers with college degrees were up 20% and bankruptcies filed by consumers earning over $60,000.00 increased by over 66%. According …

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Preliminary Notices – What you Absolutely Need to Include

Under Utah’s new mechanic’s lien laws, all parties on private projects are required to file a preliminary notice with the State Construction Registry in order to preserve their lien rights. This preliminary notice must be …

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The New Priority Rules

For a long time, priority of a mechanic’s lien was determined by the date first visible onsite improvements were made by someone working on the construction project. If this work commenced prior to other encumbrances …

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