Buying or selling real estate is often one of the most significant financial decisions a person or company ever makes. The value of having sound legal advice to back up your transaction cannot be overstated.

The real estate attorneys at Tesch Law Offices know the Summit and Wasatch County areas firsthand and are well-versed in local zoning ordinances and regulations. Trust our experts to get you through your purchase or sale safely. We also assist in all phases of real estate development, ushering our clients through the entitlement, approval and building processes with efficiency and care.

For assistance with real estate issues, or for more information contact us.

Buying or selling real estate is often one of the most significant financial decisions a person or company ever makes. The value of having sound legal advice to back up your transaction cannot be overstated.

The real estate attorneys at Tesch Law Offices know the Summit and Wasatch County areas firsthand and are well-versed in local zoning ordinances and regulations. Trust our experts to get you through your purchase or sale safely. We also assist in all phases of real estate development, ushering our clients through the entitlement, approval and building processes with efficiency and care.

For assistance with real estate issues, or for more information contact us.

Mediation and arbitration are two of the primary forms of Alternative Dispute Resolution (ADR) because they are alternatives to resolving disputes through court litigation. Many commercial and real estate contracts now require the parties to engage in some form of ADR either before pursuing court proceedings (usually mediation) or in lieu of court proceedings (usually arbitration). ADR can be a cost effective means of resolving the dispute, or it can be an unnecessary step toward resolution.

The attorneys at Tesch Law Offices are skilled in representing individuals in all forms of ADR and in providing advice to about whether, when, and how best to use ADR. For more information contact us.

Estate planning concerns the continuation or establishment of a tradition, one that involves the accumulation, conservation and distribution of assets. Your estate is both real and personal property, including life insurance, which you have a right, title, or interest in, and which you intend to use to benefit yourself, your family and your community.

 COMMON ESTATE PLANNING QUESTIONS:

• If I don’t have a lot of money, do I really need estate planning?
• What is a will?
• I have heard about avoiding probate, what is probate anyway? If my wife and I happen to die prematurely, what will happen to our children?
• I’ve heard that a trust is better than a will. What exactly is a trust?
• Am I going to have to pay taxes when I die?
• What will happen to my business if I die prematurely?
• What if I die without a will or other estate planning documents?

The mere fact of hiring an employee brings with it the application of numerous employment laws. The Fair Labor Standards Act identifies the minimum wage, minimum age, and overtime requirements. Nearly all other aspects of the employment relationship are regulated by federal and state laws. Here are just a few:

• C Corporations
• S Corporations
• Partnerships (Limited and General)
• Limited liability companys (LLC)
• Proprietorships

Tesch Law Offices would be happy to show you how our business planning services can be of particular value to you. For more information, contact us.

Personal injury law, sometimes referred to as tort law, refers to the law that seeks to protect victims who are harmed by the action or inaction of another person, company or entity. A claim can be filed for an injury that is either physical or mental in nature. Personal injury law exists specifically to help you exercise your rights to recover or to be compensated for your losses in an accident. A personal injury can sometimes include damage to property. Personal injury can sometimes dramatically change your life. It can be tough to set a dollar amount on injuries you suffer in an accident. There are many things to consider including doctor’s bills, time lost from work, medical costs for ongoing injuries, and pain and suffering.

The attorneys at Tesch Law Offices will make sure you understand what your options are. For more information to contact us.

Almost without fail, as a project progresses, changes need to be made. Sometimes change is built into the construction agreement, as in a design-build process. Occasionally, the site conditions require changes to the project and agreement for construction. Sometimes the timing of the project needs to be changed. A change order is the usual method for amending the contract to account for and track changes in the work on the project. A change order identifies the intent of the parties to make adjustments to the contract, and a change order becomes part of the contract.

Tesch Law Offices can help you prepare for and negotiate change orders during the project, as well as help you to deal with change orders after project completion. For assistance with a contract; or for more information contact us.

Who can assert a mechanics lien?

The answer is in the Utah Code: Contractors, subcontractors, and all persons performing any services or furnishing or renting any materials or equipment used in the construction, alteration, or improvement of any building or structure or improvement to any premises in any manner and licensed architects and engineers and artisans who have furnished designs, plats, plans, maps, specifications, drawings, estimates of cost, surveys or superintendence, or who have rendered other like professional service, or bestowed labor, shall have a lien upon the property upon or concerning which they have rendered service, performed labor, or furnished or rented materials or equipment for the value of the service rendered, labor performed, or materials or equipment furnished or rented by each respectively, whether at the instance of the owner or of any other person acting by his authority as agent, contractor, or otherwise…

Tesch Law Offices is experienced in all aspects of mechanics liens. We have helped contractors, subcontractors, and suppliers obtain payment for their work, and we have helped owners defeat improperly asserted liens and claims for payment. For more information contact us.

One of the first questions asked is whether a project is “bonded” or whether it requires a bond. There are various types of bonds typically used in construction, payment bonds, performance bonds, completion bonds, and bid bonds, to name a few. In Utah, all public works contracts require contractors to post a payment bond. The payment bond is the government entity’s insurance against the contractor’s inability to pay for the labor, materials, and equipment used in the public works project. Other government entities require a completion bond to ensure funds will be available to complete a project if the contractor is unable to do so.

Tesch Law Offices is experienced in all aspects of surety bond issues. We have helped subcontractors and suppliers obtain payment for their work from surety bonds, and we have represented contractors and sureties in protecting the bond funds by ensuring strict compliance with the payment bond statutes and requirements. To protect your money contact us.

The most common complaint of subcontractors and suppliers involves contractors and owners who fail to pay on time. Utah and federal statutes require owners and contractors to make payment to subcontractors promptly. The Utah Prompt Payment Act is found in Utah Code Ann. § 15-6-1 et seq. The contractor licensing statutes similarly require contractors to pay subcontractors and suppliers within 30 days of receipt of payment. See Utah Code Ann § 58-55-603.

The federal prompt payment act applies to work on federally funded projects. The prompt payment statutes can be a good tool for subcontractors and suppliers. For any questions about the prompt payment statutes and related payment requirements, contact us.

The Utah Legislature passed legislation in 2005 modifying the mechanics’ lien statute which requires the filing of notices of commencement, preliminary notices, and notices of completion for both residential and commercial projects – in order to protect lien rights – in an exclusive statewide electronic database named the State Construction Registry (SCR).

The concept is an online “bulletin board” identifying those who provide labor and materials to a construction project, which may enable interested parties to assess exposure and minimize risk. As defined in the law, the SCR is implemented in two phases: May 1, 2005 for commercial and public work construction projects and November 1, 2005 for residential construction projects. For more information visit the Utah Construction Registry.

Tesch Law Offices helps employers comply with the numerous regulations and minimize the number of employment related disputes with employees related to the above laws and from non-competition, trade secret, and confidentiality related agreements common in employment. Tesch Law offices also helps employees understand their employment rights.

There are a number of entity forms available for Utah business, however the most common are:

• Title VII of the Civil Rights Act of 1964
• Americans with Disabilities Act
• Equal Pay Act, the Family & Medical Leave Act
• Age Discrimination in Employment Act
• Older Worker Benefit Protection Act
• Pregnancy Discrimination Act
• Uniformed Services Act of 1994
• Federal Unemployment Tax Act
• Occupational Safety & Health Act
• Worker Adjustment & Retraining Notification Act
• Heath Insurance Portability and Accountability Act
• National Labor Relations Act
• Labor Management Relations Act
• Immigration Reform and Control Act

There are a number of entity forms available for Utah business, however the most common are:

• Utah Employment Security Act (Unemployment Insurance) (35A-4-101)
• Drug & Alcohol Testing (34-38-1)
• Transportation of Workers (34-36-1)
• Utah Right to Work Law (34-34-1)
• Medical Fees for Employee Examinations (34-33-1)
• Employment on Public Works (34-30-1)
• Blacklisting (34-24-1)
• Utah Minimum Wage Act (34-40-101, see also 34-23-301)
• Payment of Wages (34-28-1)
• Utah Workers Compensation Act (34A-2-101)
• Utah Occupational Disease Act (34A-3-101)
• Utah Antidiscrimination Act (34A-5-101)
• Utah OSHA (34A-6-101)
• Utah Injured Worker Reemployment Act (34A-8a-302)

An employer’s most basic duty is to provide its employees a reasonably safe place to work. Obviously risk varies from job to job and place to place, but the requirement of reasonable safety remains the same. Among contracting parties, the risk and liability for safety is sometimes shifted or assigned by contract. Safety regulators do not always recognize such contractual provisions. And, when injuries do occur, the injured party often sues everyone on site.

The attorneys at Tesch Law Offices can help you every step of the way, from helping employers prepare a safety procedures manual to defending against claims.

Major advantages are limited liability, the efficiency with which it handles a large number of shareholders, the ease and legality of buying and selling its stock. Owners of the corporation may receive all legal employee benefits, and have the benefits be tax deductible to the corporation. The stock of a C corporation can be owned by other business entities as well as by individuals.

A serious disadvantage is that all profits are taxed at the corporate level, then dividends or profits are taxed to the shareholders, resulting in double taxation of profits. Other disadvantages are the required annual reporting to the state, and annual formalities such as shareholder and directors’ meetings, plus lack of privacy and franchise taxes at the state level.

The double taxation problem of the C corporation is eliminated, taxes on profits are paid only at the shareholder level. For tax purposes the Sub S corp is referred to as a “pass through” entity, meaning that tax liabilities pass to the shareholders. This is the major reason that Congress created the Sub S corporation status. But there is a limit to the number of shareholders and they generally must be humans. Shares cannot be held by other corporations (either C or Sub S), or by partnerships or LLCs. Trusts may hold Sub S shares but only with special provisions. Major advantages are the pass thru tax status, the ease of buying and selling stock, and the limited liability of the members.

Sub S corporations can have deductible employee stock ownership plans (ESOPs) and employee pension plans for both owners and non-owner employees. But many other employee benefits, when given to the owners of the S corporation, are not deductible to the corporation. Some disadvantages are the required annual reporting to the state and annual formalities such as shareholder and directors’ meetings, lack of privacy and franchise taxes at the state level.

LLCs combine the limited liability feature of corporations with most of the characteristics and advantages of partnerships. The LLC is allowed to have partnership tax classification when there are at least two members. This makes it a pass thru entity for tax purposes. Partnership tax classification is a better arrangement than the pass thru tax status of S corporations (due to the LLCs ability to allocate income, deductions and losses to the owners in any proportion).

Unlike the S corporation, any person or legal entity can own its shares (called units), there can be any number of shareholders (called members), all members can vote (unlike limited partners) and there is limited liability for everyone connected with the LLC (unlike partnerships).

LLCs can have deductible employee pension plans for both owners and non-owner employees. But many other employee benefits, when given to the owners of the LLC, are not deductible to the LLC. LLCs do not have the capital gains tax problem which corporations do. LLCs do require annual reporting to the state where they are created.

This is an excellent entity choice for a very wide variety of small business situations, and should be given serious consideration.

Parties to a rental or lease contract need to know the details of the complex and sometimes confusing laws governing landlord and tenant rights.

The attorneys at Tesch Law Offices are knowledgeable and approachable, and will make sure you understand what you can and cannot do to stay on the right side of the law and protect your interests. We will walk you through required steps such as Notice of Unlawful Detainer, Notice to Pay or Quit, Suits for Eviction, and Possession Bonds to Retake or Remain on the Premises.

Our fee structure is flexible and can be tailored to the needs of the individual client. For further information contact us.

Contracts are the legal basis of the construction industry. The lack of detail in contracts is a major source of uncertainty. It generates disputes in the first place, and it can needlessly delay a subsequent resolution. The contract usually dictates when the project is complete, when the parties should be paid or not paid, and when a party is in default. It usually expresses the parties’ intentions concerning each other’s rights and obligations pertaining to a given project. Parties also typically use the contract to allocate risk. Knowing what constitutes a contract and knowledge of your contract terms and conditions is essential.

The old adage is that an oral contract isn’t worth the paper it’s written on. It is always best to reduce a contract for construction to a written agreement. Some written agreements may be several pages long, while others may require only a single page. Form contracts are available at any stationary store and over the internet, but you should exercise caution should when entering into a standard form contract because it may not contain the protections you require. However, standardized contracts published by professional associations such as the American Institute of Architects (AIA), Associated General Contractors of America (AGC) or the American Society of Engineers (ASE) are reasonably fair and complete. These form contracts are unique because they have been developed by experts who are familiar with the construction industry and its potential problems (although they may favor the party within the group of the drafter). But, they have withstood the test of time. Because of their extensive use and numerous interpretations by courts, particularly the AIA forms, they enjoy a certain degree of judicial predictability.

Tesch Law Offices has extensive experience in helping owners and construction professionals draft and review construction contracts. For assistance with a contract; or for more information contact us.

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