FAQs

No. Although many other Western States (Colorado, Nevada, Arizona, Montana, California) have enacted Right to Repair Acts, Utah has yet to enact such a requirement. However, House Bill 157 has been introduced which would require Homeowner Associations to first provide developers an opportunity to make repairs prior to filing a lawsuit.
 

No. Although many other Western States (Colorado, Nevada, Arizona, Montana, California) have enacted Right to Repair Acts, Utah has yet to enact such a requirement. However, House Bill 157 has been introduced which would require Homeowner Associations to first provide developers an opportunity to make repairs prior to filing a lawsuit.

Yes. The Utah legislature has codified breach of contract claims as applied to construction defect under Utah Code Section 78B-4-513:
(1) Except as provided in Subsection (2), an action for defective design or construction is limited to breach of contract, whether written or otherwise, including both express and implied warranties.

(2) An action for defective design or construction may include damage to other property or physical injury if the damage or injury is caused by the defective design or construction.

1.    Tort Claims: When a construction defect causes injury to property other than the construction itself.

2.    Intentional Tort Claims: When the contractor or designer willfully breached the duty to properly construction a structure with the applicable standard of care.

3.    Negligent Misrepresentation: When a residential home builder fails to disclose defects in construction they know or should know.

4.    Negligent or Strict Product Liability: When the contractor manufacturers and sells a product in a defective condition which made the product unreasonably dangerous.