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John Roland Lund

John Roland Lund

Aspen to Glenwood. Big City Lawyers. Main Street Sense
  • Real Estate Law, Products Liability, Arbitration & Mediation
  • Colorado, Utah, Wyoming
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Summary

Mr. Lund focuses his practice on challenging litigation and trial work throughout the West. With a 30 year jury trial record that is both extensive and successful, he has earned his place as a go-to attorney for clients with high-stakes cases. In 2011, Mr. Lund obtained one of the largest jury verdicts ever awarded in Utah, over $54 million in lost profit damages for his client’s resort development rights. In 2014, he represented the landlord of the Park City ski terrain in successfully terminating the lease of the prior operator, which led to Vail Resort’s combination of Park City and Canyons into the largest single ski area in the country. Mr. Lund uses all the tools of the litigation process to efficiently achieve the best outcome at the best time for his client – whether that is a settlement or a full-blown trial. Mr. Lund also provides mediation services and trial consulting, including mock trials, focus groups, theme development and presentation techniques, to help other lawyers as well as clients prepare for and navigate the real-life experience and risk of trial by jury. Mr. Lund is recognized by Chambers USA as one of Utah's leading lawyers for commercial litigation. He is also named as one of the Best Lawyers in America for Products Liability Litigation. Chambers USA writes: “John Lund's recent trial successes have served to bolster his already healthy reputation in the local market. He is experienced at dealing with the most complex of commercial disputes.”

Practice Areas
  • Real Estate Law
  • Products Liability
  • Arbitration & Mediation
Fees
  • Free Consultation
    I will provide fixed fee quotes for all areas of service, including litigation, trial consulting and mediation
  • Contingent Fees
Jurisdictions Admitted to Practice
Colorado
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Utah
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Wyoming
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Professional Experience
President 2017-2018
Utah State Bar
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Voting member of the body adminstering the Utah Judiciary
Utah Judicial Council
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Third District Commissioner
Utah State Bar
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Education
The University of Utah S.J. Quinney College of Law
J.D. (1984) | Law
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The University of Utah S.J. Quinney College of Law Logo
University of Colorado - Boulder
B.A. (1981) | Economics
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Honors: magna cum laude, Phi Beta Kappa
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Professional Associations
International Academy of Trial Lawyers
Fellow
- Current
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American Board of Trial Advocates
Advocate
- Current
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Websites & Blogs
Website
Website
Legal Answers
24 Questions Answered

Q. Retail Business Space Lease
A: If you sign the personal guarantee then yes, at least as to the obligation to pay rent and any other lease obligations covered by the guarantee, you will not have the LLC's protection from personal liability. The LLC's protection would continue in all other respects, such as if the business were sued for a personal injury on the premises. However, you may need to have the lessor added to your premise liability insurance so that they have protection as well. These sort of guarantees are not unusual in commercial lease situations. The lessor is looking for assurance that you will perform under the lease, especially pay the rent and not default during the term. This may be negotiable but you probably will need to otherwise satisfy the lessor's concerns. Sometimes that can be done with strong financials for the business, etc. Or you can pledge some other asset.
Q. Question on Retail Lease
A: Your option to renew is an enforceable contract right. So long as you have complied fully with the notice requirements and are not in default on the lease, it is your unilateral right to renew at the rates set by the lease. If your position is valid then if you remain past the end of the current term the landlord would have to file a lawsuit and seek an order of eviction. But if you have validly renewed the lease then you should be able to defeat that eviction action. You could go to court first by filing a case seeking a declaration from the court of your right but I would advise that you first retain an attorney to help you address this with letters and discussion with the landlord. Other terms may be negotiated in your favor in connection with the renewal.
Q. In CO , can a new owner deny access to a 3rd party previously allowed use of land to access 3rd party's own land
A: Such access rights can arise through various ways, contract, deed, course of dealings, etc. And they are usually consider to "run with the land." That means that the seller's conveyance of the property to you would be subject to whatever valid and enforceable rights to access existed at the time of the transfer. In other words, you would have no more right to deny the 3rd party access than the seller had right before the transfer. The existence of alternate means of access is a good fact for you because it makes it difficult for the 3rd party to claim an easement by necessity. Just be sure there is not another basis for their claim to use the land for access, such as a contract, deed, plat or even verbal agreement on which they have relied. To be more certain there is no such right, you should consider engaging counsel to investigate.
Q. Who is responsible for an HOA assessment when selling a condo?
A: This is a material fact which the seller must disclose, even though the assessment may not actually be made until after the closing of a sale. Best to make the buyer aware and negotiate accordingly. If the assessment is for future needs of the HOA, the seller has a pretty good case that the assessment should not affect the sale price. If it relates to prior maintenance expenses or some other historical cost, it is probably more reasonable for the seller to adjust the sales price to account for it.
Q. I have had a road running across trust lands for many years. Do I not have a prescriptive right for it?
A: If your reference to trust lands means these are land owned by the government, then there is no statute of limitations on the government's ability to eject someone using the government land prescriptively. So, you may be able to use the road as long as they will allow it but you cannot establish a permanent legal right to that use. The analysis may be different if you can assert a right to the easement as a matter of necessity, meaning that you have no other reasonable access to your property.
Q. when buying/selling a house in colorado who is responsible to get and pay for a title search... the buyer os the sellerr
A: This is something that is negotiated and can be paid by either the buyer or the seller. Typically though the seller provides the title search as part of purchasing a title insurance policy for the buyer and the lender.
Q. If a house was in a trust and the owner of the house sold it to buy another, would the new house go back into the trust?
A: If the old house was in a trust then, when the owner (actually trustee) sold it, the property moved out of the trust and to the new buyer. If you, the owner, buy a new house, then you can direct that at closing the title to the new house be made in the name of the trust. To get the new house, or any other property into the trust, there needs to be documents transferring that property into the trust. You don't state the type of trust but I would guess it is an estate-planning trust of some kind. Be careful about possible tax implications.
Q. I live in a wildfire prone area backing up to undeveloped, bank owned land . Can I get the bank to mitigate that land?
A: You could file an action for nuisance abatement. That suit would be filed against the bank on behalf of you, and other adjacent owners. You might try having a lawyer write a letter on your behalf first. If the bank responds to that, it would be less time consuming and less costly. Still, the letter would be demanding that the bank abate the nuisance being caused by the excessive fuel load on its property.
Q. Can I buy my mother out of a loan on her house and then have her act as the bank for the remainder of its value?
A: You should be able to make this work. You would end up holding title to the house with a "first" mortgage to the bank who loans you the money to pay off the current balance. And the transaction with your mother, where you borrow the rest of the money from her, would give her "second" or junior position. This is complicated enough that you would want to have a lawyer write up the transaction between you and your mother, but I would start by finding a bank who is willing to provide you with the first mortgage. (Among other things, they will want to know where you are getting the rest of the finding/financing to complete the purchase.)
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Contact & Map
Colorado Office
4032 Crytsal Bridge Drive
Carbondale, CO 81623
USA
Cell: (801) 560-1137
Fax: (801) 536-6111
Main Office
201 South Main Street
Suite 1800
Salt Lake City, UT 84111
USA
Telephone: (801) 536-6872
Cell: (801) 560-1137
Fax: (801) 536-6111