Attorney | Skoubye Nielson & Johansen, Llc
About Mark Thornton
Mark joined Skoubye Nielson & Johansen, LLC in 2015. Mark helps individuals and businesses resolve many types of legal issues including contract disputes,
business disputes, employment disputes, and collections. Mark also helps individuals and businesses document their agreements with sound contracts,
leases, promissory notes, and other legal documents.
Prior to joining Skoubye Nielson & Johansen, LLC, Mark practiced at the firm Smith & Glauser, P.C. primarily in the areas of insurance defense, construcMore...
business disputes, employment disputes, and collections. Mark also helps individuals and businesses document their agreements with sound contracts,
leases, promissory notes, and other legal documents.
Prior to joining Skoubye Nielson & Johansen, LLC, Mark practiced at the firm Smith & Glauser, P.C. primarily in the areas of insurance defense, construcMore...
Mark Thornton's Recent Answers
Sep 6, 2021
Sep 6, 2021
From an Anonymous Contractor
UtahMark ThorntonLegal Guard Lawyer
Attorney at Skoubye Nielson & Johansen, LlcLegal Guard LawyerThe parties to a construction contract can agree to specific payment schedules. If you have signed anything, then you should review that to see if it speficies
a payment schedule or deadline. If you are holding "retention" (which is usually a percentage of payment withheld from progress payments used to ensure
completion of the work), then payment of that retentiaon is generally due 45 days after the completion of the project. "Retention" withheld after See More...
a payment schedule or deadline. If you are holding "retention" (which is usually a percentage of payment withheld from progress payments used to ensure
completion of the work), then payment of that retentiaon is generally due 45 days after the completion of the project. "Retention" withheld after See More...
May 15, 2020
May 15, 2020
From an Anonymous Contractor
UtahMark ThorntonLegal Guard Lawyer
Attorney at Skoubye Nielson & Johansen, LlcLegal Guard LawyerFrom your question, it looks like you are referring to the requirement to file a preliminary notice under Utah Code 38-1a-501(1)(a) (quoted below). That
section requires the notice to be filed within "20 days after a person commences providing construction work." The term "construction work" is defined (see
below) and provides some guidance. However, the term "commences providing construction work" is not expressly defined by the statute, which See More...
section requires the notice to be filed within "20 days after a person commences providing construction work." The term "construction work" is defined (see
below) and provides some guidance. However, the term "commences providing construction work" is not expressly defined by the statute, which See More...
Aug 12, 2020
Aug 12, 2020
From an Anonymous Contractor
UtahMark ThorntonLegal Guard Lawyer
Attorney at Skoubye Nielson & Johansen, LlcLegal Guard LawyerFirst, keep in mind that Utah law, you can only lien a property if you complied with all requirements including filing of a timely preliminary notice. Second, a
person is only entitled to lien for "construction work" or "preconstruction services" as defined under Utah law.
https://le.utah.gov/xcode/Title38/Chapter1A/38-1a-S102.html You should discuss your situation with a Utah construction law attorney.
person is only entitled to lien for "construction work" or "preconstruction services" as defined under Utah law.
https://le.utah.gov/xcode/Title38/Chapter1A/38-1a-S102.html You should discuss your situation with a Utah construction law attorney.
Aug 20, 2021
Aug 20, 2021
From an Anonymous Contractor
UtahMark ThorntonLegal Guard Lawyer
Attorney at Skoubye Nielson & Johansen, LlcLegal Guard LawyerA preliminary notice is a prerequisite to a construction lien. No preliminary notice = no lien rights. However, a preliminary notice is not required for a
contractor to sue for breach of contract, so that is an action your contractor could take against you, in which case you would have the opportunity to present
your case as well.
contractor to sue for breach of contract, so that is an action your contractor could take against you, in which case you would have the opportunity to present
your case as well.
Nov 3, 2021
Nov 3, 2021
From an Anonymous Contractor
UtahMark ThorntonLegal Guard Lawyer
Attorney at Skoubye Nielson & Johansen, LlcLegal Guard LawyerIf your contractor filed a timely preliminary notice, and the time to record a notice of lien has not expired, then, yes, your contractor can record a lien. If not,
then, no, your contractor cannot record a lien, but still may have a breach of contract claim against you for non-payment. You may also have a breach of
contract claim against your contractor for failure to perform all contracted for work. It seems that you and your contractor dispute what was requSee More...
then, no, your contractor cannot record a lien, but still may have a breach of contract claim against you for non-payment. You may also have a breach of
contract claim against your contractor for failure to perform all contracted for work. It seems that you and your contractor dispute what was requSee More...
Details
Location
Salt Lake City, UT
Years of Experience
14
Expertise Area
Construction Law
Licenses
Utah Bar