Breach of Contract

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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How Utah’s Saving Statute Can Revive Expired Claims

Joseph G. Ballstaedt801.365.1021joe@snjlegal.com Every lawsuit in Utah generally must be filed with a court within a certain period of time known as the “statute of limitations.” If not, the lawsuit is probably barred forever, and the parties involved can move on knowing that the dispute likely won’t be litigated. In civil cases (non-criminal cases), the  …

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Utah Contacts: When is Substantial Performance Enough?

Joseph G. Ballstaedt801.365.1021joe@snjlegal.com Under Utah law, must parties to a contract perform their contract duties strictly, literally, exactly, and completely? If they do not, are they in breach and liable for damages? No, not always. Sometimes all that is required is “substantial performance.” This article discusses what substantial performance is and what it is not, …

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Specific Performance: Forcing a Party to Sell Land or Perform Other Contract Duties

Joseph G. Ballstaedt801.365.1021joe@snjlegal.com After a party breaches a contact and fails to perform the contract terms, you might be able to force him to perform through what is known as “specific performance.” This doctrine usually comes up when a party agrees to sell real estate but then backs out. Real estate is a unique, one-of-a-kind …

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Anticipatory Breach of Contract in Utah: What Are My Rights?

Joseph G. Ballstaedt801.365.1021joe@snjlegal.com It’s January 1, and you hire a general contractor to remodel your kitchen for $20,000, which you think is a great deal. You pay a $10,000 deposit and agree that construction will begin on February 1. However, on January 10, three weeks before the start date, the general contractor calls you and …

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Although Unfair, Utah Employers Can Often Terminate At-Will Employees to Avoid Paying Commissions

Joseph G. Ballstaedt801.365.1021joe@snjlegal.com There are a variety of laws that protect employees, such as minimum wage and overtime laws, but many Utah and federal laws seem to favor employers over their employees. The Utah Supreme Court recently issued an opinion that seems to be in line with the majority of employment laws in that it favors …

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He Breached the Contract—What Are My Rights Under Utah Law?

Joseph G. Ballstaedt801.365.1021joe@snjlegal.com Contracts are the underlying fabric of Utah’s economy. A contract is a legally enforceable agreement between two or more parties (i.e. persons, companies, legal entities, etc.). By entering a contract, a party agrees to make a payment or perform some other obligation in exchange for some type of benefit—whether it be a …

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Lemons Under Utah’s Lemon Law

Joseph G. Ballstaedt801.365.1021joe@snjlegal.com A “lemon law” protects people who buy a lemon—a vehicle that, after leaving the car lot, ends up having serious defects that cannot be repaired. Each state has its own lemon law. Utah’s lemon law essentially explains that if a new motor vehicle doesn’t live up to what the dealer guaranteed, and if the …

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