Attorney Fees

Construction Liens and Attorney’s Fee Provisions, Two Ways for Contractors to Protect their Paydays

By Benton M. Eskelsen 801-365-1021 benton@snjlegal.com   One of the worst parts of working in the construction industry is how often clients, general contractors, etc. refuse to pay contractors for a job without any justification. Similarly, one of the worst parts of being an attorney for these contractors in such predicaments is when I have …

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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 about payment, but no payment comes. You send letters, emails, and all kinds of communications, …

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Five Ways to Protect Yourself from and Recover Unpaid Accounts

Joseph G. Ballstaedt801.365.1021joe@snjlegal.com If you are a business owner, you have agreed to accept and deal with various risks most nine-to-five employees avoid. By showing up for work for specific hours, employees are generally guaranteed to be paid. Business owners, on the other hand, don’t get paid unless a costumer walks in the door, places …

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Six Things to Consider Before Suing in Small Claims Court in Utah

Joseph G. Ballstaedt801.365.1021joe@snjlegal.com Smalls claim court is a very quick and efficient place for resolving many simple legal disputes. The process is tailored to helping normal people, with no legal training, succeed. A judge hears each side’s facts and quickly makes a decision, usually in a matter of minutes. Generally, the alternative to small claims …

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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 made in one of many different ways— ranging from an email request, a telephone conversation, …

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Utah Litigation: When Does the Loser Have to Pay the Winner’s Attorney Fees?

Joseph G. Ballstaedt801.365.1021joe@snjlegal.com Hiring a qualified law firm to initiate and successfully litigate a lawsuit in Utah is not cheap. Before choosing to litigate a case, it is wise to consider whether your attorney fees can be recovered from the other party. Generally, a party can only recover its attorney fees if two prongs are …

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Five Points to Consider When Sending a Demand Letter in Utah

Joseph G. Ballstaedt801.365.1021joe@snjlegal.com Before a lawsuit is filed in Utah, the parties in conflict may have already exchanged demand letters, setting forth their version of the facts and how they want the problem solved. These demand letters, often written by an attorney, let the other side know that the dispute is a serious one that …

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The Art of Recovering Attorney Fees in Utah

Joseph G. Ballstaedt801.365.1021joe@snjlegal.com Quality legal help doesn’t come cheap. This means even winning comes with its costs when it comes to the courtroom. Fortunately, there’s still hope. In Utah, like in other jurisdictions, the winning party has the chance to convince the court to force the losing party to cover whatever costs were spent on …

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How to Recover Attorney Fees

Without fail, my clients will always ask, “Can I recover attorney fees from the dirt bag I am suing?” (Okay, maybe not in these exact, polite terms). My answer is always the same: “Maybe.” In Utah, and every other state, each party is typically responsible for their own attorney fees. There are exceptions. For example, …

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