Litigation

Commercial Litigation

Smith Hartvigsen's commercial litigation experience covers a broad range of matters ranging from contract disputes and employment matters to products liability. Our attorneys have decades of experience prosecuting and defending claims for breached contracts, personal injuries and property damage, and injunctive relief. Our attorneys understand that personal, financial, and business decisions map the path to avoiding and resolving disputes that arise and we have been entrusted to design and execute comprehensive strategies to protect clients' interests. Among the many areas of litigation expertise our attorneys offer are contract, employment, manufacturing, aviation, construction, products liability, property, and natural resources litigation, as well as any other commercial litigation matter that may arise.

Construction

Smith Hartvigsen's attorneys have extensive experience in pursuing and defending construction claims relating to payment disputes, contractor disputes, and construction defect. Our attorneys have pursued and defended claims against surety bonds and general contractors for payment of funds; defended pass-through claims by general contractors; asserted and defended claims relating to allegedly defective construction; and otherwise protected their clients' interests in litigation. When it comes to construction, our attorneys can build the case necessary to achieve a fair result despite the large number of players, significant discovery, and complex relationships attendant to such matters.

Contracts

Smith Hartvigsen's attorneys' extensive commercial litigation experience includes litigating contract disputes. Although our attorneys have litigated many different types of claims, our representative experience includes long term agreements, insurance coverage, operating agreements and bylaws, construction contracts, real estate purchase agreements, warranties, and noncompetition agreements. Our attorneys also have experience interpleading funds into court and resolving matters involving a large number of parties and actors. Whether you need assistance in preventing irreparable harm to your company or recovering damages caused by another's breach, our attorneys can help protect your interests and achieve the benefit of your bargain.

Employment

Smith Hartvigsen's attorneys have years of experience in prosecuting and defending employment claims, including discrimination, retaliation, and interference claims as well as those premised on noncompetition agreements. Having represented clients at the administrative and district court levels with significant success, our attorneys can assist you in litigating claims based on the Americans with Disabilities Act, Age Discrimination in Employment Act, Family and Medical Leave Act, Title VII of the Civil Rights Act, and many other state and federal statutes regulating employment relationships. In addition, our attorneys can assist you in protecting your trade secrets by drafting, defending, and enforcing noncompetition and nonsolicitation agreements and litigating employment contracts.

Manufacturing

Smith Harvtigsen's attorneys have experience in advising manufacturers regarding compliance with applicable regulations, contractual disputes, and employment matters arising from their manufacturing operations. With their years of experience in advising manufacturers, our attorneys are able to recommend and defend against requested injunctive relief, litigate disputes arising under long term agreements, and defend against actions premised upon the Uniform Commercial Code. In addition, our attorneys have experience in guiding corporations through internal disputes that may have deleterious consequences for the corporation's operations and enforcing noncompetition agreements to protect their trade secrets. In short, our firm has the experience and resources to meet all of your legal manufacturing needs.

Products Liability

Smith Hartvigsen's attorneys have significant experience advising and defending manufacturers and defending products liability claims. From defending against assertions of fires caused by allegedly defective products to litigating personal injury claims from use of dietary supplements, our attorneys have the experience necessary to pursue and defend claims stemming from breached warranties and the manufacture and distribution of defective products. With significant experience interpreting and applying the Uniform Commercial Code, and the skills to provide advice regarding the Consumer Product Safety Act, our attorneys can protect your interests even before a claim is asserted.

Property and Natural Resources

In addition to its extensive water law practice, Smith Hartvigsen offers litigation services to resolve other property and natural resources disputes. Our attorneys have experience litigating claims regarding flooding and nuisance, quiet title, boundary and access disputes, and zoning matters. Whether you are seeking to enforce restrictive covenants, obtain access to your property, litigate zoning determinations or violations, or otherwise protect your right to enjoy your property, our attorneys can assist you in accomplishing your goals. In addition, our firm provides services in pursuing and defending against claims of eminent domain and condemnation.

In addition to our extensive property litigation, our firm has significant experience in natural resources litigation, including oil and gas and water law. Our firm has been involved in several seminal cases that have resulted in significant statements of policy and statutory interpretation by the Utah Supreme Court. Our attorneys have defended against suits seeking cancellation of oil and gas leases, protected our clients' water rights, and otherwise protected our clients' interests with respect to their natural resources.