Mark Morris and Tyson Prisbrey | Snell & Wilmer Utah law provides that a contractor may not seek “collection of compensation” in court for any work that requires a license if, at the time the contractor entered into the contract, the contractor was not licensed. The Utah Supreme Court has laid out four exceptions to… Continue reading Utah Court of Appeals Provides Guidance on Exception to Bar Unlicensed Contractors From Suing to Collect Compensation
Tag: utah
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