Question 1

I haven't been paid for work I completed. What are my options?

Accepted Answer

You likely have strong remedies including mechanic's liens, bond claims (on public projects), and breach of contract claims. We can send a formal demand letter, file a lien, and pursue collection through negotiation or litigation. Speed is important because lien deadlines in Utah are strict.

Question 2

The contractor wants more money than we agreed. What now?

Accepted Answer

Change order and scope disputes are common. We review the original agreement, any written change orders, course of performance, and industry standards to determine what is truly owed. Most of these matters resolve through structured negotiation once both sides understand their legal position.

Question 3

What can a Utah homeowner do if the contractor does not finish the job?

Accepted Answer

Document the site, stop further payments if the contract allows it, and send a written demand that the work be completed or the unearned money returned. Many unfinished-job disputes resolve with a demand letter and a deadline. If the contractor walked off after taking payment, that file can support a breach claim and, in some cases, a fraud or misrepresentation claim. Call before you hire a second contractor to “just finish it” if you still want to recover from the first one.

Question 4

What if the work was done, but it is not workmanlike?

Accepted Answer

Utah construction contracts are generally read to require workmanlike performance even when the written scope is thin. Photos, the bid, change orders, and a second contractor’s written estimate of the cost to correct the work are the file. A demand letter that attaches that proof is usually the first step. Litigation is the next step only if the cost to fix the work justifies it.

Question 5

The contractor took a deposit and stopped showing up. Is that fraud?

Accepted Answer

Not every abandoned job is fraud. If the contractor took money, never intended to perform, or misrepresented the license, the scope, or what was already completed, that can support a fraud or misrepresentation claim on top of breach of contract. The distinction matters because it changes leverage and, sometimes, what you can recover. Bring the contract, the payment record, texts, and photos to the first call.

Question 6

Can I withhold payment if the work is defective or incomplete?

Accepted Answer

Often yes, at least as to the unpaid balance tied to the defective or unfinished portion — but it depends on the contract and how much work is actually usable. Do not withhold on a guess, and do not pay the final amount just to “make it go away” if the work is still wrong. Get the file reviewed before you send another check or a heated text.

Question 7

I completed the work and the owner or GC will not pay. What should I send first?

Accepted Answer

A demand letter that states the contract, the work completed, the amount owed, and a deadline. Many unpaid-invoice disputes end there. If they do not, the letter becomes the opening exhibit. We draft those letters for contractors, subcontractors, and other businesses owed money under a contract.

Question 8

What should I do if the other party breaches our contract?

Accepted Answer

First, document everything and review the contract terms regarding notice, cure periods, and remedies. We help evaluate your leverage, calculate damages, and determine the most practical path, whether that's a demand letter, negotiation, mediation, or litigation. Our goal is always a business-friendly resolution that minimizes disruption.

Question 9

How much will it cost to pursue a contract dispute?

Accepted Answer

We bill hourly or on a base-fee arrangement, depending on the matter. Many cases resolve through negotiation without court. When litigation is necessary, we provide clear budgets and strategic advice so you can make informed decisions about whether the potential recovery justifies the investment.

Question 10

Can I get attorney fees if I win a contract dispute?

Accepted Answer

It depends on the contract language. Many well-drafted agreements include prevailing party attorney fee provisions. We review your contract and advise you on the likelihood of recovering fees, which can significantly impact the economics of pursuing or defending a claim.

Question 11

Do I need to file a lawsuit, or will a demand letter work?

Accepted Answer

Most contract disputes we see never need a complaint. A letter that states the breach, the amount, the documents, and a deadline often produces a check or a settlement. We draft demand letters for construction jobs and for ordinary business contracts — unpaid invoices, vendors who did not deliver, and customers who stopped paying. If the other side ignores it, you already have the record for the next step.

Question 12

What should I gather before I call?

Accepted Answer

The signed contract and any change orders, the payment record, the emails and texts, and photos or invoices that show what was done or not done. For a construction job, add the bid and any punch-list or inspection notes. You do not need a perfect file. You need the paper that already exists.

Question 13

How long do I have to pursue a contract claim in Utah?

Accepted Answer

It depends on the claim and the contract. Written contract claims often have a longer window than people expect; some construction-related claims run on different clocks. Do not assume you are too late, and do not assume you have years. A short review of the document and the dates will tell you whether the claim is still live.

Question 14

Is commercial collections the same as hiring a collections agency?

Accepted Answer

No. A collections agency typically works a volume of accounts. We handle unpaid business-to-business debts and contract balances as legal matters: a demand, a negotiated payment, and, when it makes economic sense, a lawsuit and judgment. We do not run a consumer collections practice.

Question 15

What makes a contract enforceable in Utah?

Accepted Answer

A valid contract requires offer, acceptance, consideration, and mutual intent. We ensure your agreements are clearly written, contain all necessary terms (scope, payment, timeline, termination, dispute resolution), and comply with Utah law. We also add protective clauses that prevent common disputes.

Question 16

Should I use a template I found online?

Accepted Answer

Generally no. Generic templates often miss key protections, use outdated language, or contain provisions that don't apply to your situation or industry. We create customized contracts that actually protect your specific business and reflect current Utah law.

Question 17

How do I protect myself when hiring contractors or vendors?

Accepted Answer

Strong independent contractor agreements, proper insurance requirements, clear scope of work, milestone payments, and termination rights are essential. We draft agreements that reduce your risk of misclassification claims, payment disputes, and liability for the contractor's actions.

Question 18

Can you review a contract before I sign it?

Accepted Answer

Yes. That is cheaper than a dispute. We review construction contracts, subcontracts, vendor agreements, and ordinary business contracts, with attention to scope, payment, change orders, attorney-fee clauses, and how you get out if the other side stops performing.

Question 19

What should be in a contract with a contractor?

Accepted Answer

Scope of work, price and payment schedule, change-order rules, a workmanship standard, a completion date, and what happens if someone walks off or the work is defective. Verbal extras and text-message “yeah that’s included” are how these files blow up. Put the extras in writing before the work proceeds.

Question 20

Can you send a demand letter if the other side already signed and then failed to perform?

Accepted Answer

Yes. That is a common request for both construction jobs and general business contracts. The letter is not a lawsuit. It is the first formal demand that they perform or pay.

Question 21

How is outside general counsel different from hiring a full-time in-house lawyer?

Accepted Answer

You get the same high-level strategic advice and day-to-day support without the overhead of salary, benefits, or office space. We work as an extension of your team, available by phone, email, or in person as needed. Many clients find this more cost-effective and flexible.

Question 22

What kinds of issues do you help with on a monthly retainer?

Accepted Answer

Contract review, customer and vendor disputes, vendor negotiations, risk assessment, and general business advice. Having us on retainer means you can pick up the phone before small problems become expensive ones. Construction companies use it, and so do other Utah businesses.

Question 23

How much does outside general counsel cost?

Accepted Answer

We offer flexible monthly retainers starting at a few hours per month. The exact scope is customized to your business size and needs. Most clients find the predictable cost provides significant peace of mind and prevents much more expensive problems down the road.

Question 24

Do small businesses and construction companies use outside counsel, or is that only for bigger companies?

Accepted Answer

Both. Utah businesses use it for contract review, unpaid invoices, and day-to-day questions. Construction companies use it because the problems are frequent and expensive: a bad subcontract, a late payor, a change-order fight, a demand letter that needs to go out this week. You do not need a full-time lawyer. You need someone who already knows your contracts and can answer the phone before a dispute gets bigger.

Question 25

Can outside counsel draft demand letters as they come up?

Accepted Answer

Yes. That is one of the main reasons companies keep counsel on call. When a customer, owner, vendor, or GC stops performing, the letter goes out from someone who already knows the company instead of from a lawyer reading the file cold.

Question 26

When should a contractor call before stopping work or withholding labor?

Accepted Answer

Before you do it. Walking off or shutting a job down can be the right move or the move that hands the other side a claim. A ten-minute review of the contract and the payment status is cheaper than explaining later why the job sat unfinished.

Question 27

Should I form an LLC or a corporation for my Utah business?

Accepted Answer

For most Utah small and mid-size businesses, an LLC offers the best mix of liability protection, tax flexibility, and simplicity. Corporations make sense in specific situations, like raising outside investment. We walk through your ownership, tax, and growth plans and set up the entity that actually fits your situation rather than the default.

Question 28

Do I really need an operating agreement if Utah doesn't require one?

Accepted Answer

Yes. Without an operating agreement, Utah's default LLC rules decide what happens when owners disagree about money, management, or leaving the business, and those defaults rarely match what the founders would have chosen. A clear agreement covering ownership, decision-making, deadlock, and exits is the cheapest dispute prevention you can buy.

Question 29

What does business formation cost?

Accepted Answer

Formation work is billed hourly or on a base-fee arrangement, depending on the matter. The cost depends on how many owners you have and how much customization your operating agreement needs. Either way, you get documents designed to prevent disputes rather than template filings anyone can submit.

Question 30

Should a contractor or trade form an LLC before taking jobs?

Accepted Answer

Usually yes, if they are operating as more than a one-off side job. Formation does not fix a bad contract, but it is the wrapper around the company that will sign the next subcontract and send the next invoice. We form Utah LLCs for contractors and trades with documents that match how the business actually runs.

Question 31

What kinds of property disputes does W&A handle?

Accepted Answer

Select disputes involving boundaries, easements, access, encroachments, title and ownership, quiet title, and related property rights. This is an additional practice. We are not a full-service real estate firm and do not handle closings, listings, or routine transactional real estate work.

Question 32

A neighbor’s fence or driveway is over the line. What should I do first?

Accepted Answer

Start with the survey, the deed, and any recorded easement — not a heated conversation over the fence. Many encroachment and access disputes can be resolved with a recorded agreement. If they cannot, the next step may be a demand or a quiet-title or boundary action.

Question 33

Is a quiet-title action the same as buying or selling a house?

Accepted Answer

No. Quiet title asks a court to determine ownership or clear a cloud on title. It is a dispute remedy, not a closing. If the issue is a competing claim, a gap in the chain of title, or an unreleased interest, we can help you evaluate whether negotiation or a quiet-title action makes sense.

Our Practice Areas

Construction Disputes

Business & Contract Disputes

Business Contracts

Outside General Counsel

Business Formation

Property Disputes

When to Call Us

Common Questions About Our Services

About W&A, PLLC

What Our Clients Say

Ready to talk about the work, the contract, or the invoice?

Contact Us

Phone

Email

Book Online

Service Area

Office Hours

Utah Construction & Business Dispute Attorneys