A recent Utah Court of Appeals opinion, HKS Architects, Inc. v. MSM Enterprises Ltd. 2021 UT App. 70, puts contractors and designers on notice that they need to pay attention to receivables and excuses for non-payment. The...more
4/15/2022
/ Appeals ,
Bad Actors ,
Cause of Action Accrual ,
Contractors ,
Due Diligence ,
Fraud ,
Motion to Dismiss ,
Non-Payment Clauses ,
Single-Asset Debtor ,
Summary Judgment ,
Third-Party
A recent decision by the Supreme Court of Utah is a cautionary tale to sellers of real property attached to going concerns and prospective development issues. In Shree Ganesh, LLC v. Weston Logan, Inc., 2021 UT 21, the...more
There is good news for contractors in Utah who take care to appropriately mark, sign and warn of hazards. Of course it does not mean they will avoid being sued. But in Coburn v. Whitacker Construction Co., 2019 UT 24, the...more
The Utah Court of Appeals recently decided Camco Construction, Inc., et al. v. Utah Baseball Academy, Inc., et al., 863 Utah Adv. Rep. 58, 2018 UT App 78. The case involved the plan of Athletic Performance Institute LLC...more
9/28/2018
/ Appeals ,
Bad Faith ,
Bench Trial ,
Borrowers ,
Construction Disputes ,
Construction Project ,
Intentional Infliction of Emotional Distress ,
Jury Trial ,
Jury Waivers ,
Loan Agreements ,
Loans ,
Summary Judgment ,
Trial Preparation