A recent Utah Court of Appeals opinion, HKS Architects, Inc. v. MSM Enterprises Ltd. 2021 UT App. 70, puts contractors and designers on notice that they need to pay attention to receivables and excuses for non-payment. The...more
4/15/2022
/ Appeals ,
Bad Actors ,
Cause of Action Accrual ,
Contractors ,
Due Diligence ,
Fraud ,
Motion to Dismiss ,
Non-Payment Clauses ,
Single-Asset Debtor ,
Summary Judgment ,
Third-Party
In its decision Larry Boynton v. Kennecott Utah Copper, LLC, 2021 UT 40, the Utah Supreme Court found that premises operators owed a duty of care to prevent take-home exposure to asbestos dust not only its employees, but also...more
You’re a landowner in Utah, and fail to get a payment bond for commercial work a contractor is doing on your property, and the value of the work exceeds $50,000. To protect lien rights, contractors working on your property...more
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
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
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
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