Construction

Does Amending a Recorded Notice of Lien Reset the Deadline to Foreclose on a Construction Lien in Utah?

Joseph G. Ballstaedt801.365.1021joe@snjlegal.com To preserve a lien claim, a lien claimant must, among other things, record a notice of construction lien with the county recorder’s office, and within 180 days thereafter, initiate a lawsuit to foreclose on that lien. But what happens if, within that 180-day period, the lien claimant files an amended notice of …

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Utah Construction Liens: An Overview of the Five Basic Steps

Joseph G. Ballstaedt801.365.1021joe@snjlegal.com In Utah, a construction lien is a valuable tool for any contractor, subcontractor, or supplier who does not receive payment for work it performs on a construction project. If the party who contracted for the work refuses or is unable to pay, the construction lien provides a second route to payment. It …

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The Final Steps of a Lien Claim: Winning the Lawsuit, Selling the Property, and Dividing up Proceeds

Joseph G. Ballstaedt801.365.1021joe@snjlegal.com In prior articles, I explained four general steps to preserving and enforcing a construction lien (also known as a mechanic’s lien) in Utah. These steps include: 1) filing a preliminary notice; 2) recording a notice of construction lien; 3) filing a lawsuit and recording a lis pendens; and 4) prevailing in that lien foreclosure lawsuit. The …

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Construction Liens: A Basic Comparison Between Utah and Idaho Law

Joseph G. Ballstaedt801.365.1021joe@snjlegal.com Many contractors, subcontractors, suppliers, and other parties in the construction industry conduct business in both Utah and Idaho. To preserve and enforce their construction lien rights, these entities must be aware of and adhere to the different laws that govern Utah and Idaho (in addition to any other states where they may …

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Enforcing Lien Rights in Utah Through a Construction Lien Foreclosure Lawsuit

Joseph G. Ballstaedt801.365.1021joe@snjlegal.com As I have explained earlier, liens are automatically created when a worker, contractor, subcontractor, supplier, or other person or entity provides construction services on real property. Although nothing more is required to create this lien, the lien claimant quickly loses the lien forever if he doesn’t take certain steps to preserve the lien, including the …

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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 for business. Subcontractors and suppliers may, of course, refuse to engage in future projects with …

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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 catastrophes like these. The following are four basic tips for ensuring a smooth process. Make …

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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 the construction business knows, too many projects end up with conflicts over payment, resulting at …

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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 way they were likely ever to get paid. But unfortunately, it’s not quite that easy. …

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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 the employer was involved or even aware the problem was going on. In contrast, employers …

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