Tyson J. Prisbrey and Mark O. Morris | Snell & Wilmer Construction contracts generally provide that the loser in a construction dispute must pay the attorneys’ fees of the prevailing party. But construction contracts, by their nature, can lead to outcomes in which it is hard to determine who comes out on top of a… Continue reading Hogs Can Get Slaughtered on Fees in Utah if Their Claim is Too Greedy
Tag: utah
Utah Courts Expand the Reach of the Economic Loss Rule in Construction Disputes
Mark Morris and Tyson Prisbrey | Snell & Wilmer Utah courts continue to strengthen both the common law and statutory economic loss rule by limiting what duties are independent of those in a typical buyer/seller contractual relationship and thus limiting the common law exception for the economic loss rule. Under the common law economic loss… Continue reading Utah Courts Expand the Reach of the Economic Loss Rule in Construction Disputes
Utah Digs Deep and Finds “Design Defect” Includes Pre-Construction Geotechnical Reports
Kyle Rice | White and Williams The Supreme Court of Utah recently found that an incorrect pre-construction geotechnical engineering report is a “defective design.” Thus, actions arising from an incorrect geotechnical report are appropriately governed by Utah’s Economic Loss Statute (Statute), Utah Code Ann. § 78B-4-513(1). Hayes v. Intermountain GeoEnvironmental Servs. No. 20190764, 2021 UT 62,… Continue reading Utah Digs Deep and Finds “Design Defect” Includes Pre-Construction Geotechnical Reports
In Utah, Asbestos Take-Home Exposure Equates to Damages Exposure For Premises Operators and Contractors
Mark Morris and Tyson Prisbrey | Snell & Wilmer In its decision Larry Boynton v. Kennecott Utah Copper, LLC, 2021 UT 40, the Utah Supreme Court found that premises operators owed a duty of care to prevent take-home exposure to asbestos dust not only its employees, but also to independent contractors on the premises. The Court… Continue reading In Utah, Asbestos Take-Home Exposure Equates to Damages Exposure For Premises Operators and Contractors
Utah Expands Premise-Owner Liability To Take-Home Asbestos Plaintiffs
Jackson Otto | Husch Blackwell Utah’s Supreme Court recently issued an opinion which dramatically expands premise owners’ liability for asbestos-related injuries. On August 5, 2021, the Court reversed Utah’s Court of Appeals and held that a lawsuit could proceed against two premises owners on the theory that asbestos dust from their facilities was brought home… Continue reading Utah Expands Premise-Owner Liability To Take-Home Asbestos Plaintiffs