A statute of repose provides an outside limit as to when construction claims can be brought and is intended to give contractors and design professionals a degree of certainty as to when the risk associated with claims on a particular project diminishes. In my latest article for the Daily Journal of Commerce, I give
D.J. Williams
David "D.J." Williams is a partner of the firm practicing in the Litigation practice group. D.J. represents clients in complex commercial litigation in both state and federal courts with an emphasis in products liability and construction defect cases. D.J.'s product liability cases focus on representing vehicle manufacturers, including Nissan, Toyota, Kubota, and Mercedes Benz, in matters ranging from warranty claims to complex product liability disputes. D.J. has also handled product cases involving claims associated with herbicides, medical products/devices, ephedra and asbestos, among others.
D.J.'s construction clients include general contractors, subcontractors, real estate developers, and owners. While this practice focuses on litigation, D.J. also regularly consults on Utah-specific contract drafting and construction lien issues.
Watch Out for Forum-Selection Clauses
When developing construction contracts, parties frequently focus on what they consider to be the “essential terms” and may not be aware of “boilerplate” provisions. In my recent article for the Daily Journal of Commerce, I address one of these important provisions — the forum-selection clause — and discuss its potential impact as well as …
2016 Utah Legislative Session Summary
This post was guest authored by Stoel Rives partner Martin Banks.
A record number of bills were introduced during the 45-day Utah Legislative Session for 2016. While many of the bills dealt with education and legalizing medical marijuana, a few dealt with the foreclosure and the mortgage lending industry. The bills listed below were…
OSHA’s New Dust Exposure Rule and Its Potential Impact on Construction Industry
On March 24, 2016, the Occupational Safety and Health Administration (“OSHA”) issued its final rule related to admissible exposure to respirable crystalline silica. The new rule, which dramatically reduces the permissible exposure limit (“PEL”) of respirable crystalline silica from 250 micrograms per cubic meter of air to 50 micrograms per cubic meter of air (an…
Contractor Beware When Working With Developers to Assure Mechanic’s Lien Rights
Interpreting Utah’s former mechanic’s lien statute, the Utah Court of Appeals has held that a contractor that contracted with and provided construction services for a developer could not maintain a valid mechanic’s lien on property owned by a third-party landowner. In Reeve & Associates, Inc. v. Tanner, 2015 UT App 166 (2015), the owners of…