Claims against payment bonds may be denied on both private commercial and public works projects absent a claimant’s proper registration with the Utah State Construction Registry (“SCR”), labor wage claims … Continue reading “Surety Defenses Under Utah’s State Construction Registry”

If I’m not misremembering, the George Bush v. Al Gore presidential election became all about the handing chad. When the people of Florida voted, they did so using punch cards. … Continue reading “Contract Terms 3: Avoid Hanging Chads”

TO TENDER OR NOT TO TENDER POTENTIAL PITFALLS IN TENDERING THE SURETY’S DEFENSE TO ITS PRINCIPAL IN NEVADA This law firm recently encountered several situations where a surety’s tender counsel … Continue reading “To Tender or not to Tender”

Most contracts (if not virtually all) contain recitals. They will sometimes be called “recitals” or “background” or, if the attorney is old-school, use the phrase “Whereas…” a lot. When I … Continue reading “Contract Terms 2: The Recitals”

The Right Entity One of the basic elements of a contract is to know who you’re dealing with. (No, Who’s on first). If you are representing an LLC or Corporation, … Continue reading “Contract Terms 1: The Parties”