Mark Morris

Mark Morris

Snell & Wilmer

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Latest Publications


What Utah Employers Need to Know About H.B. 251: Post-Employment Restrictions Act

On March 22, 2016, the Governor of Utah signed into law H.B. 251, the Post-Employment Restrictions Act. This was one of the most controversial bills considered this last session, and it underwent many changes through the...more

3/29/2016 - Employment Contract New Regulations Non-Compete Agreements Restrictive Covenants

Under Construction - December 2015

Letter from the Editor - Welcome to the final 2015 edition of our Under Construction newsletter. It is hard to believe that 2016 is right around the corner! Drones are a hot topic right now. The first article in...more

12/10/2015 - City Councils Construction Defects Drones Federal Aviation Administration (FAA) General Contractors Local Ordinance Pay if Paid Piece-Rate Pay Retainage Section 333 Exemption Subcontracts Unenforceable Contract Terms Unmanned Aircraft Systems

Final Acceptance Under Utah’s Retainage Law: It’s Not Over Until It’s Over

Property owners seeking to insulate themselves from some of the inherent risks associated with construction projects often turn to retainage provisions to reallocate very specific risks—the risks of delay, defective...more

12/8/2015 - Construction Contracts Contractors Property Owners Retainage Retention Funds Subcontractors

Are You Keeping the Records Related to Your Company’s Selection Procedures? The EEOC is Watching...

Is your company aware that federal regulations require that employers retain certain personnel and employment records related to its selection procedures? A recent lawsuit by the Equal Employment Opportunity Commission (EEOC)...more

8/10/2015 - ADA Criminal Background Checks EEOC Employment Discrimination GINA Race Discrimination Recordkeeping Requirements Title VII

Utah Legislative Update

The 2015 Legislative Session in Utah came to a close earlier this year and the lien laws once again got a makeover, although not as significant as prior changes the past few years. Prior to this session, the biggest change...more

6/25/2015 - Construction Industry Liens Performance Bonds

Under Construction - June 2015

Letter from the Editor - Welcome to the summer edition of our Under Construction newsletter. In this issue, we highlight several hot topic items affecting the construction industry such as what happens when the...more

6/15/2015 - Amended Legislation Appeals Architects Construction Contracts Construction Defects Construction Industry Construction Liens Contractors General Contractors Liens Little Miller Act (LMA) Payment Bonds Performance Bonds Public Projects Service of Process Subcontractors Subcontracts

Utah Clarifies Lien Amounts and Bonding Requirements

The Utah Supreme Court recently clarified that the only permissible amounts to claim under Utah’s mechanic lien statutes are those “equivalent to the value of the services rendered, labor performed, or materials or equipment...more

3/16/2015 - Attorney's Fees Construction Contracts Contractors Judgment Liens Mechanics Lien Performance Bonds UT Supreme Court

Under Construction - March 2015

Welcome to the spring edition of our Under Construction newsletter. There have been some interesting legal changes that have taken place recently with the potential to significantly impact the construction...more

3/13/2015 - Business Disruption Change Orders Common Ownership Construction Contracts Construction Defects Construction Industry Construction Liens Construction Workers Damages Delay Claims General Contractors Indemnification Legislative Agendas Mediation Performance Bonds Subcontractors Tax Exemptions Transaction Privilege Tax Work Suspensions

The Status of Lien Waivers in Utah Remains Cloudy

On December 19, 2014, the Utah Supreme Court issued its opinion in Lane Myers Construction, LLC v. National City Bank, et al. 2014 UT 58 (UT 2014). In this case, a total of nine Utah jurists considered the question of whether...more

1/18/2015 - Appeals Construction Liens Construction Loans General Contractors Lenders Mechanics' Lien Acts

Utah Rejects the Multi-Employer Worksite Doctrine: General Contractors are Only Responsible for the Safety of Their Employees at a...

The Utah Supreme Court recently held in Hughes General Contractors, Inc. v. Utah Labor Comm’n that the multi-employer worksite doctrine, which makes a general contractor responsible for the safety of all workers at a...more

3/21/2014 - General Contractors OSHA Safety Precautions Workplace Hazards

Unintended Third-Party Beneficiaries Created Through Flow Down Clauses in Subcontracts

Construction work done under an agreement between a general contractor and a subcontractor clearly has the property owner—the ultimate recipient of the construction work—in mind. It is somewhat counterintuitive, then, that...more

12/12/2013 - Contract Drafting Contractors Flow Down Clause Subcontractors Third-Party Beneficiaries

Under Construction - December 2013

Welcome to our final issue of Under Construction in 2013. We hope your year has been filled with health, happiness, peace and prosperity. We thank you for your readership, and we continue to appreciate the opportunities we...more

12/5/2013 - Anti-Indemnification Statutes Competitive Bidding Design-Bid-Build Foreclosure Mechanics Lien Mortgages

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