Elisabeth M. McOmber | Snell & Wilmer On March 7, 2024, the Utah Supreme Court issued its decision in Sunstone Realty Partners X LLC v. Bodell Construction Company (2024 UT 9). The decision provides a cautionary tale for parties to a construction contract who may seek to enforce a judgment in Utah. The underlying dispute at issue… Continue reading What’s In Your Best Interest? Summary of a Recent Utah Supreme Court Case on Post-Judgment Interest in a Construction Case
Tag: Construction Contract
Utah Court of Appeals Provides Guidance on Exception to Bar Unlicensed Contractors From Suing to Collect Compensation
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
Key Legal Issues To Consider Before And After Natural Disasters
Patrick A. Kelly | Construction Executive From force-majeure provisions to price-gouging considerations, make sure your legal strategy prepares your construction company to weather any storm. While legal considerations are often the last thing on the minds of project owners and contractors during an emergency, construction industry stakeholders should bear in mind the impact of natural… Continue reading Key Legal Issues To Consider Before And After Natural Disasters
No Arbitration For Insurers Under Louisiana Law: Louisiana Supreme Court Prohibits Enforcement Of Insurance Policy Arbitration Provisions
Caroline F. Crosby and Jeffrey S. Knighton | Phelps Since Hurricanes Laura and Delta made landfall in 2020, Louisiana has seen a flurry of litigation over whether insurers can enforce arbitration provisions in policies issued in Louisiana. The Louisiana Supreme Court gave insurers and policyholders clarity on these issues in its latest ruling. In answering… Continue reading No Arbitration For Insurers Under Louisiana Law: Louisiana Supreme Court Prohibits Enforcement Of Insurance Policy Arbitration Provisions
The Growing Trend of Contractor Negligence Liability Despite Lack of Contract Privity
Zachary Young | Patton Sullivan Brodehl Historically, courts typically refused to impose liability for negligence in the performance of a contract unless the plaintiff was a party to the contract. Thus, whenever a contractor provided services at a particular property, only the party hiring the contractor would have the ability to hold the contractor accountable… Continue reading The Growing Trend of Contractor Negligence Liability Despite Lack of Contract Privity