Contractor Payment Disputes
Claims involving unpaid work, delayed progress payments, retainage, disputed invoices, and contractual payment obligations.
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Utah Construction Law & Litigation
Utah Construction Litigation Attorneys
Construction disputes can threaten your profits, your projects, and your business. Rogers & Russell, PLLC represents Utah contractors, subcontractors, builders, and businesses in construction litigation and contract disputes.
From unpaid invoices and mechanics’ liens to defective work, delays, change orders, and breach of contract, our attorneys understand the legal and practical issues facing Utah’s construction industry.
Partners Steven Rogers and Nic Russell have also taught construction-industry continuing education courses through the Home Builders Association of Utah.
Dealing With a Construction Dispute?
Speak with an attorney before a payment dispute or project disagreement becomes more costly.
801-899-6064- Contractor payment disputes
- Mechanics’ liens
- Breach of construction contract
- Defective construction claims
- Change orders and scope disputes
- Project delays and backcharges
- Subcontractor litigation
- Construction mediation and arbitration
Contacting our office does not establish an attorney-client relationship.
Construction Litigation That Understands Your Business
Construction disputes are different from ordinary business disagreements. They involve overlapping contracts, tight schedules, numerous trades, progress payments, complex project documentation, and deadlines that can affect important legal rights.
A disagreement between a property owner and general contractor can quickly involve subcontractors, suppliers, design professionals, insurance carriers, and lenders.
At Rogers & Russell, we work with contractors and business owners to evaluate the contractual obligations, identify available claims and defenses, and develop a litigation or settlement strategy that accounts for the business realities of the dispute.
Our goal is not litigation for its own sake. It is to protect our clients’ interests and pursue practical, economically sound outcomes.
Utah Construction Disputes We Handle
We represent clients in a broad range of construction-related litigation and negotiations.
Mechanics’ Liens
Evaluating construction lien rights, preliminary notices, lien filings, enforcement, and challenges to disputed liens.
Breach of Contract
Claims and defenses arising from construction agreements, subcontractor agreements, payment terms, and failures to perform contractual obligations.
Defective Construction
Disputes concerning alleged defective workmanship, failure to meet specifications, incomplete work, and responsibility for repairs.
Change Orders & Scope Creep
Disagreements over additional work, oral modifications, written change-order provisions, extra costs, and disputed project scope.
Delays & Backcharges
Claims involving schedule delays, abandonment, replacement contractors, completion expenses, offsets, backcharges, and related damages.
Subcontractor Disputes
Litigation involving performance, coordination, payment, indemnification, and responsibility among contractors and trades.
Owner & Builder Disputes
Claims involving residential or commercial construction, contract performance, payment, quality, and disputed project obligations.
Mediation & Arbitration
Representing construction clients in negotiated settlements, mediation, arbitration, and litigation when necessary.
Attorneys Who Teach Utah Contractors How to Protect Their Businesses
Construction litigation experience is valuable. Understanding how contractors actually operate is just as important.
Rogers & Russell partners Steven M. Rogers and Nic R. Russell have served as instructors for continuing education courses offered through the Home Builders Association of Utah.
Their construction-industry education includes the course “Navigating Client Relationships,” addressing legal and practical problems contractors face when dealing with customers, project changes, and disputes.
Topics addressed in their contractor education include:
Construction Contracts
Understanding contract terms, setting expectations, and reducing uncertainty before disputes arise.
Change Orders & Communication
Managing scope changes, documenting agreements, and handling difficult client interactions.
Liens, Collections & Disputes
Recognizing payment risks, understanding legal remedies, and addressing disagreements before they escalate.
These are not merely academic issues. They are the same problems that can determine whether a contractor gets paid, incurs unexpected expenses, or becomes involved in costly litigation.
Steve and Nic’s work with the construction industry helps inform how we evaluate cases, negotiate resolutions, and pursue claims or defenses for our clients.
Construction Contract Disputes
Many construction lawsuits ultimately turn on what the contract requires and what the parties can prove happened.
Important issues may include written notice requirements, change-order procedures, payment conditions, construction schedules, indemnity, limitations of liability, and dispute-resolution provisions.
We help clients evaluate their contracts alongside project correspondence, invoices, schedules, photographs, and performance records.
Getting Paid for Construction Work
An unpaid invoice can create serious cash-flow problems for a contractor or subcontractor.
Our attorneys can evaluate payment remedies, construction lien rights, breach-of-contract claims, collections, and available settlement options.
We also represent businesses defending disputed payment demands, backcharges, and claims for incomplete or allegedly defective work.
Utah construction lien rights
are deadline-sensitive.
Utah Code Section 38-1a-501
generally requires a preliminary
notice within 20 days after
construction work begins
to preserve lien rights
for that work, with specific
rules governing late notices.
Other filing and enforcement
deadlines also apply.
Prompt legal review matters.
See Utah’s Construction Lien Provisions for statutory requirements.
Avoiding, Resolving, and Litigating Construction Disputes
Not every construction dispute should proceed to trial. But an effective settlement strategy requires understanding what may happen if litigation becomes necessary.
Early Case Assessment
Evaluate contracts, project history, evidence, available claims, potential damages, defenses, and deadlines.
Settlement & Mediation
Pursue negotiated resolutions that account for litigation costs, collection risks, business relationships, and practical objectives.
Construction Litigation
When negotiations fail, pursue or defend claims through appropriate court proceedings, discovery, motion practice, and trial.
Our attorneys have experience with commercial disputes, civil litigation, settlement negotiations, and jury trials. We evaluate construction claims with both the potential legal result and the client’s business objectives in mind.
Representing Contractors, Builders, and Construction Businesses
Rogers & Russell works with Utah businesses involved in residential and commercial construction projects.
Our construction litigation services are relevant to general contractors, subcontractors, specialty trades, developers, suppliers, and property owners facing serious construction disputes.
Whether you’re trying to collect for completed work, responding to allegations of defective construction, defending a lien claim, or dealing with a contractor who abandoned a project, we can help evaluate the available remedies.
Our firm also provides Utah business law services , including contract drafting, negotiation, and risk management.
Construction Dispute? Protect Your Business.
Unpaid construction work, defective performance, contract disputes, and project delays can become more expensive the longer they remain unresolved. Contact Rogers & Russell to discuss your legal options.
Utah Construction Litigation FAQs
What does a Utah construction litigation attorney do?
A construction litigation attorney handles legal disputes arising from construction projects, including contract breaches, payment disputes, mechanics’ liens, defective work, delays, and related claims. Representation can involve negotiation, mediation, arbitration, or lawsuits.
Can I sue a contractor for defective work?
Potentially. Available claims depend on the contract, the nature of the defect, applicable statutory requirements, notice provisions, and the circumstances of the work.
What if a general contractor refuses to pay me?
Depending on the facts, available remedies may include contract claims, construction liens, and collection proceedings. Notice and filing deadlines should be reviewed promptly.
How do mechanics’ liens work in Utah?
Utah law allows qualifying parties who provide construction work to assert liens against project property when statutory requirements are satisfied. Preliminary notices, lien filings, and enforcement deadlines are important.
Can I recover costs caused by a subcontractor’s delay?
Possible remedies depend on the contractual terms, the cause of the delay, available documentation, damages, and applicable law. Claims may involve replacement costs, backcharges, or other provable losses.
Does every construction dispute go to trial?
No. Many disputes are addressed through direct negotiations, mediation, or arbitration. Some contracts require particular dispute-resolution procedures. Others require litigation to resolve the disagreement.
Do you represent both contractors and property owners?
Rogers & Russell evaluates construction disputes involving contractors, subcontractors, businesses, and property owners. Representation depends on the nature of the case, conflicts of interest, and the firm’s acceptance.
Where does Rogers & Russell handle construction cases?
Our firm is based in Pleasant Grove, Utah, and serves clients in Utah County and throughout Utah, subject to the circumstances of the matter.
Speak With a Utah Construction Litigation Attorney
At Rogers & Russell, we understand that construction disputes affect more than legal rights. They affect payroll, cash flow, project schedules, professional relationships, and the future of a business.
Our attorneys combine business and litigation experience with practical construction-industry knowledge.
Contact our Pleasant Grove office to discuss your construction dispute.
Expect Excellence.
Rogers & Russell, PLLC
Pleasant Grove Office
170 S. Main St.
Pleasant Grove, UT 84062
Phone
801-899-6064
This page provides general legal information and is not legal advice. Contacting the firm does not establish an attorney-client relationship.