Welcome to the summer 2017 edition of our Under Construction newsletter. In this issue, to accompany the summer heat, we highlight several hot topic items affecting the construction industry, such as the recent revisions to...more
On March 22, 2016, the Governor of Utah signed into law H.B. 251, the Post-Employment Restrictions Act. This was one of the most controversial bills considered this last session, and it underwent many changes through the...more
Letter from the Editor -
Welcome to the final 2015 edition of our Under Construction newsletter. It is hard to believe that 2016 is right around the corner!
Drones are a hot topic right now. The first article in...more
12/10/2015
/ City Councils ,
Construction Defects ,
Drones ,
Federal Aviation Administration (FAA) ,
General Contractors ,
Local Ordinance ,
Pay if Paid ,
Piece-Rate Pay ,
Retainage ,
Section 333 Exemption ,
Subcontracts ,
Unenforceable Contract Terms ,
Unmanned Aircraft Systems
Property owners seeking to insulate themselves from some of the inherent risks associated with construction projects often turn to retainage provisions to reallocate very specific risks—the risks of delay, defective...more
Is your company aware that federal regulations require that employers retain certain personnel and employment records related to its selection procedures? A recent lawsuit by the Equal Employment Opportunity Commission (EEOC)...more
The 2015 Legislative Session in Utah came to a close earlier this year and the lien laws once again got a makeover, although not as significant as prior changes the past few years. Prior to this session, the biggest change...more
Letter from the Editor -
Welcome to the summer edition of our Under Construction newsletter. In this issue, we highlight several hot topic items affecting the construction industry such as what happens when the...more
6/15/2015
/ Amended Legislation ,
Appeals ,
Architects ,
Construction Contracts ,
Construction Defects ,
Construction Industry ,
Construction Liens ,
Contractors ,
General Contractors ,
Liens ,
Little Miller Act (LMA) ,
Payment Bonds ,
Performance Bonds ,
Public Projects ,
Service of Process ,
Subcontractors ,
Subcontracts
The Utah Supreme Court recently clarified that the only permissible amounts to claim under Utah’s mechanic lien statutes are those “equivalent to the value of the services rendered, labor performed, or materials or equipment...more
Welcome to the spring edition of our Under Construction newsletter. There have been some interesting legal changes that have taken place recently with the potential to significantly impact the construction...more
3/13/2015
/ Business Disruption ,
Change Orders ,
Common Ownership ,
Construction Contracts ,
Construction Defects ,
Construction Industry ,
Construction Liens ,
Construction Workers ,
Damages ,
Delay Claims ,
General Contractors ,
Indemnification ,
Legislative Agendas ,
Mediation ,
Performance Bonds ,
Subcontractors ,
Tax Exemptions ,
Transaction Privilege Tax ,
Work Suspensions
On December 19, 2014, the Utah Supreme Court issued its opinion in Lane Myers Construction, LLC v. National City Bank, et al. 2014 UT 58 (UT 2014). In this case, a total of nine Utah jurists considered the question of whether...more
The Utah Supreme Court recently held in Hughes General Contractors, Inc. v. Utah Labor Comm’n that the multi-employer worksite doctrine, which makes a general contractor responsible for the safety of all workers at a...more
Construction work done under an agreement between a general contractor and a subcontractor clearly has the property owner—the ultimate recipient of the construction work—in mind. It is somewhat counterintuitive, then, that...more
Welcome to our final issue of Under Construction in 2013. We hope your year has been filled with health, happiness, peace and prosperity. We thank you for your readership, and we continue to appreciate the opportunities we...more