About Barry Clarkson
Barry E. Clarkson has a 5/5 Customer Rating and AV Preeminent Peer Rating by Martindale-Hubbell and Lawyers.com. Barry is one of the founding members
and the current managing member of the law firm Clarkson & Associates, LLC (formerly Clarkson & Draper then Clarkson Draper & Beckstrom, LLC). Barry
has trial experience, as well as appellate work, in both Utah and Nevada. He currently focuses on complex business and real estate transactions in addition to
estate planning. He represents developers, architects, engineers, contractors and non-profit organizations. Barry has had primary responsibility for include
the development, sales, construction, management, and leasing of office buildings, malls and retail stores, housing developments of various sizes, golf More...
and the current managing member of the law firm Clarkson & Associates, LLC (formerly Clarkson & Draper then Clarkson Draper & Beckstrom, LLC). Barry
has trial experience, as well as appellate work, in both Utah and Nevada. He currently focuses on complex business and real estate transactions in addition to
estate planning. He represents developers, architects, engineers, contractors and non-profit organizations. Barry has had primary responsibility for include
the development, sales, construction, management, and leasing of office buildings, malls and retail stores, housing developments of various sizes, golf More...
Barry Clarkson's Recent Answers
Jun 4, 2020
From an Anonymous Contractor
ArizonaManaging Partner at Clarkson & Associates
That depends on the terms of your contract. If the contract is silent then the courts will look at what is reasonable. If the contractor has been standing by
ready, willing and able to do the job. But, has been prohibited from doing so because of matters beyond the contractor's control (such as mold not caused by
the contractor) then it is likely that the contractor can still enforce the contract, even a year later.
ready, willing and able to do the job. But, has been prohibited from doing so because of matters beyond the contractor's control (such as mold not caused by
the contractor) then it is likely that the contractor can still enforce the contract, even a year later.
Jun 5, 2020
From an Anonymous Contractor
ArizonaManaging Partner at Clarkson & Associates
The contractor may file a lien for any portion of the work which was completed and not paid for. This is not to say that you cannot defend or countersue the
contractor if he/she files a lawsuit to foreclose the lien by claiming a breach of contract and possibly force the defaulting contractor to pay for the costs of
having someone else finish the job.
contractor if he/she files a lawsuit to foreclose the lien by claiming a breach of contract and possibly force the defaulting contractor to pay for the costs of
having someone else finish the job.
Jun 3, 2020
From an Anonymous Contractor
ArizonaManaging Partner at Clarkson & Associates
Yes, there are no restrictions that I am aware of that would prohibit a non-citizen from becoming a licensed contractor. Besides, if you form an Arizona
corporation and obtain the license in that entity, then that Arizona corporation is a citizen and would be no different in obtaining a contractor's license than
any other corporation. However, I cannot speak to the tax consequences of funds being distributed to non-citizen owners of the corporation.
corporation and obtain the license in that entity, then that Arizona corporation is a citizen and would be no different in obtaining a contractor's license than
any other corporation. However, I cannot speak to the tax consequences of funds being distributed to non-citizen owners of the corporation.
May 14, 2020
May 14, 2020
From an Anonymous Contractor
UtahManaging Partner at Clarkson & Associates
If you are seeking to have the lien removed from the property, you can engage counsel to help you send a demand based on the Wrongful Lien Statute to
have the lien removed. If it is not, you may be entitled to triple damages. Alternatively, you can file a simple quiet title action to have the lien removed.
have the lien removed. If it is not, you may be entitled to triple damages. Alternatively, you can file a simple quiet title action to have the lien removed.
May 27, 2020
From an Anonymous Contractor
NevadaManaging Partner at Clarkson & Associates
If you proceed to file a mechanic's lien then you need to expect that the owner will defend by saying that they knew nothing of your involvement and may
refuse to pay. However the courts in Nevada try to bend over backward to give validity to a mechanic's lien even if somewhat deficient. Additionally, you can
also sue the contractor for breach of contract and non-payment with or without a mechanic's lien.
refuse to pay. However the courts in Nevada try to bend over backward to give validity to a mechanic's lien even if somewhat deficient. Additionally, you can
also sue the contractor for breach of contract and non-payment with or without a mechanic's lien.
Details
Location
St. George, UT
Years of Experience
28
Expertise Area
Construction Law
Licenses
Utah Bar
Nevada Bar
Arizona Bar