Utah Court of Appeals to lenders relying upon their own boilerplate lien release language in form draw requests: use the legislature's form and elements *

USA - October 5 2012
In Utah, to obtain a waiver of lien rights from a subcontractor, material man, laborer, supplier or any other potential mechanics’ lien claimant, a lender should use the lien waiver and release form incorporated in Utah Code Ann. §38-1a-802 in its draw request form.

Co-authors: Mark O. Morris.

Leapfrogging privity - preserving owner-direct claims against subs *

USA - June 28 2012
Utah law requires that owners’ claims against general contractors and design professionals with whom the owner has direct contracts and their respective subcontractors and subconsultants for construction and design defects be based upon contract rather than tort.

Co-authors: Mark O. Morris.