What’s In Your Best Interest? Summary of a Recent Utah Supreme Court Case on Post-Judgment Interest in a Construction Case

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

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

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

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