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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
  • Snell & Wilmer LLP
  • 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.

Right to arbitrate deemed waived by court
  • Jorden Burt LLP
  • USA
  • December 30 2009

A court denied a motion to compel arbitration because the movants’ active participation in the litigation constituted a waiver of the right to arbitrate.

Michael Crowley
  • Riker Danzig Scherer Hyland & Perretti LLP

Joel M. Mitnick
  • Sidley Austin LLP