Kent B. Scott | Babcock, Scott & Babcock | April 5, 2017 There is a new law on the books! The Utah Supreme Court has recently changed Utah law concerning liquidated damages clauses in contracts. The High Court’s recent ruling simplifies the test used to determine whether or not a court will enforce a liquidated… Continue reading Liquidated Damages Clauses: A New Legal Analysis
Tag: utah
Contingent Payment Clauses in Utah “Deal or No Deal?”
Kent B. Scott | Babcock Scott & Babcock Introduction. Contingent payment clauses provide parties involved in a construction project with a contractual method for determining who will absorb losses that may occur if the owner fails to pay for work performed on the project. In Utah, the law remains unsettled in this area, though some… Continue reading Contingent Payment Clauses in Utah “Deal or No Deal?”
What Makes a “Complete” Roof?
Shane Smith | Property Insurance Coverage Law Blog | August 31, 2016 The Utah Court of Appeals ruled last week that a homeowners’ insurance policy did not cover water damage where the house did not have a “complete” roof.1 In this case, the Poulsens were in the process of replacing roof shingles on their house… Continue reading What Makes a “Complete” Roof?
What Did You Expect? How Contractors Can Help Ensure Insurance Coverage Under a CGL Policy
Matthew F. Putorti | Pillsbury Winthrop Shaw Pittman LLP | June 6, 2016 Insurance covers the unexpected. Courts sometimes struggle to assess what an insured did expect, didn’t expect, or sometimes, should have expected. Contractors, construction firms and others should bear this in mind in their daily operations and when seeking a defense from their… Continue reading What Did You Expect? How Contractors Can Help Ensure Insurance Coverage Under a CGL Policy
Utah Amends Law to Add Procedures to Address Excessive Precontruction and Constructions Liens
Amy L. Pierce | Pillsbury | June 3, 2015 Recently, Utah Governor Gary Herbert signed into law House Bill 46, new law that amends the provisions relating to unauthorized and excessive claims of preconstruction and construction liens. For those parties who agree to arbitrate claims for a residential project or for $50,000 or less, H.B. 46… Continue reading Utah Amends Law to Add Procedures to Address Excessive Precontruction and Constructions Liens