UT STATECourt of Appeals of Utah
2007

Traco Steel Erectors, Inc. v. Comtrol, Inc.

2007 UT App 407Court of Appeals of Utah • Decided 2007Enforced

HOLDING

Traco Steel Erectors disputed change orders and lien waivers issued by general contractor Comtrol across three projects. The court enforced signed change orders as binding agreements (accord and satisfaction) even when Traco claimed mistakes, and ruled that interim lien waivers with clear language permanently released all claims for work performed before their execution dates. This case matters because it shows courts will hold subcontractors to signed change orders and lien waivers they've accepted, regardless of later disputes.

KEY FINDINGS

Change Order

Never sign a change order unless you fully agree with it—courts treat signed change orders as final settlements that override prior disputes

Lien Waiver

Lien waivers with explicit language release all claims for work up to their date, so review the effective date carefully before signing

Lien Rights

Document everything in writing and get written confirmation before accepting back charges or additional work assignments

FULL COURT OPINION