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Understanding Utah's Preconstruction and Construction Lien Laws- Part 1
Posted on Aug. 30, 2012

A lien is a statutory device designed to help certain people collect money due to them for making improvements to real property.  If an owner, contractor, or design professional fails to pay a person with whom it has contracted for the improvements made, the unpaid party can record a lien against the improved property for the amount owed and attempt to collect the monies due from that property.  If the party withholding payment does not tender payment to satisfy the lien, the party seeking payment may file a lawsuit to ultimately foreclose on and sell the property.  Proceeds of the sale may be used to satisfy the debt.

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Construction Law
Beware the Duty to Defend
Posted on Aug. 29, 2012

Indemnity provisions are some of the most negotiated provisions in design professional contracts.  They can be highly technical due to specific wording.  Avoiding a problematic situation is best addressed during contract negotiations with the assistance of an attorney.  Many indemnity provisions prepared by owners include a requirement that the design professional “defend” the owner against claims brought against it arising out of the design professional’s services.  However, the design professional should eliminate any defense provisions because the defense of another is typically not covered by professional liability insurance.  It is an obligation that arises solely out of contract in the absence of negligence.  Defense costs can easily exceed $200,000, which is an expense most design professionals cannot afford.

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Construction Law
Condominium Risk Management Checklist
Posted on Aug. 28, 2012

Condominium projects present extra risk for architects, engineers, contractors, and developers alike.  Unfortunately, these project participants often overlook how they can easily manage their risk through the condominium documents, including the CC&Rs and bylaws.  Following are summaries of some provisions that can be written into the documents to help protect against future claims by the condominium home owners association.  Because the provisions help all of the participants, there is no good reason for a developer to balk at including them in the condominium documents.

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Construction Law
Detail Not Required for Copyright Protection of House Plans
Posted on Aug. 27, 2012
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Construction Law
Five Questions for Better Client Selection - Question 5
Posted on Aug. 24, 2012

What is the reputation of your client?

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Five Questions for Better Client Selection- Question 4
Posted on Aug. 23, 2012

Does your client have experience with this type of project?

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Construction Law
Five Questions for Better Client Selection- Question 3
Posted on Aug. 22, 2012

What interest does your client have in the property your services benefit?

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Construction Law
Five Questions for Better Client Selection- Question 2
Posted on Aug. 21, 2012

How will your client pay for your services?

Your client must have a solid financial status or backing to pay for your services. If your client has obtained financing for the project costs––including your services––ask for proof of the financing. Your client should be able to produce documentation supporting the financing that has been obtained, together with information on the lender, to your satisfaction. If there is any doubt, contact the lender to verify the financing has been approved and see how it will be paid. In many cases, the lender will make payments directly to you if payment applications are submitted.

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Construction Law
Five Questions for Better Client Selection- Question 1
Posted on Aug. 20, 2012

Do you know who your client is? The question may seem simple and innocent enough. While technically the correct answer is whoever entered into the contract for your professional services, your analysis should go deeper.  There are five simple questions you should ask yourself and your potential client before any contracts are signed or services are performed. The answers will help you determine whether to enter into a contract with this client and to identify potential pitfalls in the client relationship. We’ll take a look at each of the questions over the next week.

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Construction Law
Minnesota Court Allows Retroactive Claim Against Engineers
Posted on Aug. 17, 2012

Following an August 2007 collapse of the I-35W bridge in Minneapolis, Minnesota, the Minnesota legislature passed statutes to compensate survivors of the collapse approximately $37,000,000.

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Construction Law
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About Adam

Adam
Attorney Adam T. Mow

Adam is a trusted resource for architects, engineers and other members of the construction industry in litigation, risk management, contract negotiations and mechanics’ liens. Adam is also a licensed architect and a past president of the Utah chapter of the American Institute of Architects. He has been elected by his peers to the Utah Legal Elite since 2009.

Awards and Recognition

AV Rating

Excellence in the Study of Architecture, American Institute of Architects Certificate of Merit, 1999

CALI Award for Excellence in Mediation and Advanced Negotiation, 2003

Community Mediator of the Year, Utah Dispute Resolution, 2007

Graduate of the Last Decade, Ball State University, 2008

Utah Business Magazine, Legal Elite, 2009-Present

Mountain States Rising Stars (Construction Litigation), 2009-Present