What small business owners need to know: zoning laws Each year, thousands of Americans forge their own way by starting a small business. These small business owners take on both risk and responsibility when they open their doors. Every business must meet required...
Firm News
Utah Executive Order Affects Rents and Evictions
On Wednesday, April 1, 2020, Governor Gary Herbert issued an EXECUTIVE ORDER regarding the “suspension of certain statutes governing eviction proceedings.” Numerous questions have resulted from this EXECUTIVE ORDER which we would like to add some clarity to: This...
Save Money: Know Who Bears the Risks of a Subcontractor’s Bid
Today, we are going to step back to 1960, the year of bouffants, John F. Kennedy, and contracting lawsuits. Many people ask about subcontracting bids and when they become valid or enforceable under Utah law. Union Tank Car Co. v. Wheat Bros. provides an excellent...
Who is Responsible for an Accident Caused By a Car Thief?
Everyone knows they can be liable for an accident they cause while driving. Something not everyone knows: they can be liable for an accident someone else causes while driving. Cruz v. Middlekauff Lincoln-Mercury, Inc., a case that went before the Utah Supreme Court in...
How Will a Judge Interpret Your Confusing Contract?
On behalf of Snow Jensen & Reece, P.C. posted in . . . People and businesses sign contracts all the time, from the terms of use agreement for a smartphone app to a loan agreement for a new home. However clear or unclear the terms of a contract seemed at the time...
Who is Responsible For Defects in Construction?
Unallocated risk is what keeps lawyers, and sometimes their wizened clients, up at night. Many contractors ask about their duty to verify the quality of architectural design plans. Specifically, they ask: Am I liable if I construct a building according to the provided...
Developments in the economic loss rule
It looks like the Utah Supreme Court has abrogated fraud and other intentional torts as exceptions to the economic loss rule in Utah. An associate attorney and I at our office have been defending a fraud claim that is based upon obligations in a land contract. The...
THINK TWICE BEFORE YOU POST; SOCIAL MEDIA AND DEFAMATION LAW
Social media-its free, right? According to one cautionary tale, not so much. A North Carolina woman recently made news when she paid a $500,000 settlement over a comment she made on Facebook. The nearly two years of litigation came after she allegedly faulted her...
You’ve Been Served – 6 Questions to Ask Yourself When Faced With a Lawsuit
YOU'VE BEEN SERVED: 6 QUESTIONS TO ASK YOURSELF WHEN FACED WITH A LAWSUIT Whether you're a small-business owner or just minding your own business, "you've been sued" are probably words you never want to hear. However, for business owners, studies show that being sued...
No Good Cause? No Unemployment Benefits.
About 2 million Americans quit their job every month, at least some of those being here in our mountain home. The Utah Court of Appeals recently clarified and confirmed that an employee who unreasonably quits her job without good cause is ineligible from receiving...