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Utah Preliminary Notice: Everything You Need to Know

Utah Preliminary Notice

Preliminary notices are the building blocks to the mechanics lien process. Subcontractors and suppliers (and sometimes general contractors and design professionals) must send notice to protect their ability to file a lien. General contractors, property owners, and lenders rely on notices to paint a picture of who is working on their projects. WHY send a Utah preliminary […]

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Better Be Backed By The Owner’s Authority Or No Mechanics Lien

  Mechanics lien statutes throughout the country are very clear on certain factors. One in particular is you must be contracted with the owner directly or indirectly. Indirect contracting is exemplified through subcontractors, suppliers, etc. Somewhere along the line of your contract chain better be the owner. You need to be acting with the owner’s […]

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How To Financially Protect Yourself As A Design Professional

Design professionals are a unique part of the construction industry. Why? Because these individuals and firms conduct work many times prior to the actual commencement of construction. Other times, they are hired as supervising agents. Because of these unique roles, design professionals can be treated differently in a legal sense. Certain states limit or do […]

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Construction Industry Arbitration Rules and Mediation Procedures Revised

payment dispute

Over the summer, the American Arbitration Association (AAA) revised the Construction Industry Arbitration Rules and Mediation Procedures. Some changes are rather modest, while others will have a great impact on construction contract disputes. Whether they effect your contract or not is determined by the language of your contract. Even if your contract was agreed upon […]

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Utah Amendment On Mechanics Lien Liew Passes: Who Is The Real Winner?

Mechanics lien law changes proposed in Utah

  Mechanics liens are powerful legal tools that are meant to help contractors, subcontractors, and other construction parties get paid. Without the ability to file a mechanics lien claim, many construction parties would be left with a more difficult path to receive payment for their services, furnishing of materials, and hard work. Mechanics liens fill an […]

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Mechanics Lien Priority in Utah, Applying the Old Rule

When money gets tight on a construction project, there are usually many different parties scrambling to protect their interest. One of the fundamental disputes on divvying up the money boils down to an argument over which secured party gets their share first. In many cases, mechanics lien claimants find themselves in a priority battle with […]

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Utah Supreme Court Clarifies Attorneys’ Fees In Mechanics Lien Claims

One of the questions routinely asked by mechanics lien claimants is whether or not attorneys fees (or other fees) can be added to the amount listed on the lien document. This is a reasonable request, getting a lien filed can occasionally be an expensive endeavor, and nobody wants to be required to pay for the ‘opportunity’ […]

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Utah Lien Waivers – What Works?

Lien waivers are a constant and oftentimes unappreciated aspect of the construction payment process. Since these documents are generally the last thing standing in the way of finally receiving payment, they are constantly rubber-stamped and signed without examination. Further, “lien waiver” language is often included in contracts, or other agreements between parties on a project, […]

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Simplifile and e-Recording Services: Benefits and Limitations

One of the conveniences of technology is the ability to accomplish things in a shorter amount of time than it would take to do the same task in an “analogue” fashion; email is faster than sending a piece of mail through the postal service. In many circumstances, the filing of construction notices and mechanics lien claims […]

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Utah Court’s Definition of “Improvement” Is Poor, Should Be Reconsidered

Questions regarding a mechanics lien’s, or potential mechanics lien’s, validity are some of the most important questions considered by lien claimants. While there are many reasons that may cause a mechanics lien claim to be invalid, the most fundamental is whether or not the work performed is of a type granted mechanics lien protection – whether […]

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