Bennett Tueller Johnson & Deere

Description

Utah’s mechanic’s lien laws were changed significantly in the 2011 General Session of the Utah Legislature. Many of the changes to the lien laws were pushed by the banking and insurance industries and will generally make it more difficult for a contractor or supplier to maintain or enforce its lien rights. Other changes modified the lien rights of architects, engineers, and others providing preconstruction services.

In addition to providing value-added legal services to our clients, we are committed to fostering and maintaining a collegial environment in which people look forward to coming to work each day. We like each other, we work enthusiastically and cooperatively together, and it shows in the way we serve our clients. In short, we meet and often exceed our clients’ legal needs in a professional setting where the quality of legal work and services is second to none.

As noted, the only potentially advantageous change in the law was the creation of the preconstruction service lien for contractors providing “preconstruction services,” such as architects and engineers. To maintain a preconstruction service lien, and effective as of May 10, 2011, a potential claimant must first file a “notice of retention” with the State Construction Registry within 20 days of commencing preconstruction services.

We practice law at the most sophisticated levels but in an environment that is decidedly different from other law firms. From the very beginning, our associates are encouraged, and given the opportunity, to acquire client development and client service skills. We provide our associates with significant responsibility earlier than most other firms. As a result, our junior lawyers receive better training and experience than they would in larger firms.

Utah eviction procedure is set forth in Utah Code Ann. Sec. 78B-6-801 , et al. The first step in the eviction process is to serve the tenant with a notice to pay or quit. The type of lease determines the length of notice that must be given. For example, if the lease is for a definite amount of time, three days’ notice must be given. If the tenant does not leave within the time period specified in the notice, the landlord must then file a complaint and serve the tenant with a three-day summons.

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