A Few Days Late, and Many Dollars Short: Utah Court Of Appeals Reminds That Statutory Deadlines Matter, and Provides Clarity On What Is Lienable Work In Utah

Mark Morris and Tyson Prisbrey | Snell & Wilmer Utah’s lien statute is intricate, unique, and oft amended by the legislature. And how Utah courts have interpreted the definitions and deadlines in the lien statute are frequent subjects of trial court best efforts and, inevitably, appellate opinions. Staying current on the lien statute and the… Continue reading A Few Days Late, and Many Dollars Short: Utah Court Of Appeals Reminds That Statutory Deadlines Matter, and Provides Clarity On What Is Lienable Work In Utah

Court Holds That Contractor Has Duty to Disclose Information Related to the Viability of Pass-Through Claims When Negotiating Pass-Through Settlement Agreement

John Mark Goodman | BuildSmart A Utah federal court recently held that when negotiating a pass-through settlement agreement, a contractor has a duty to disclose information to its subcontractor regarding the viability of the claims to be passed through. See Ludvik v. Vanderlande, 2023 WL 8789379 (D. Utah, Dec. 19, 2023). If it breaches that duty, the contractor… Continue reading Court Holds That Contractor Has Duty to Disclose Information Related to the Viability of Pass-Through Claims When Negotiating Pass-Through Settlement Agreement

Arbitration May Be Available Without An Express Direct Agreement in Utah

Mark Morris and Tyson Prisbrey | Snell & Wilmer Construction transactions are characterized by many contracts involving multiple parties. While the terms of the parties’ individual contracts generally govern their relationships, parties should be aware that, intentionally or not, other parties may be in a position to enforce dispute resolution clauses in other agreements. For… Continue reading Arbitration May Be Available Without An Express Direct Agreement in Utah

Hogs Can Get Slaughtered on Fees in Utah if Their Claim is Too Greedy

Tyson J. Prisbrey and Mark O. Morris | Snell & Wilmer Construction contracts generally provide that the loser in a construction dispute must pay the attorneys’ fees of the prevailing party. But construction contracts, by their nature, can lead to outcomes in which it is hard to determine who comes out on top of a… Continue reading Hogs Can Get Slaughtered on Fees in Utah if Their Claim is Too Greedy

Utah Courts Expand the Reach of the Economic Loss Rule in Construction Disputes

Mark Morris and Tyson Prisbrey | Snell & Wilmer Utah courts continue to strengthen both the common law and statutory economic loss rule by limiting what duties are independent of those in a typical buyer/seller contractual relationship and thus limiting the common law exception for the economic loss rule. Under the common law economic loss… Continue reading Utah Courts Expand the Reach of the Economic Loss Rule in Construction Disputes

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