Utah’s Highest Court Holds That Plaintiffs Must Properly Commence an Action to Rely on the Relation-Back Doctrine to Overcome the Statute of Repose

Shannon M. Warren | The Subrogation Stategist | August 7, 2018 Earlier this summer, in Gables & Villas at River Oaks Homeowners Ass’n v. Castlewood Builders LLC, 2018 UT 28, the Supreme Court of Utah addressed the question of whether the plaintiff’s construction defects claims against the general contractor for a construction project were timely-filed, or… Continue reading Utah’s Highest Court Holds That Plaintiffs Must Properly Commence an Action to Rely on the Relation-Back Doctrine to Overcome the Statute of Repose

Utah Still Thinks Privity of Contract is Important

Parker A. Allred | Snell & Wilmer | July 16, 2018 In recent years, a few law firms have made a cottage industry of enticing condominium home owners associations to sue the project developers over many issues, very often for alleged construction defects. Numerous homeowners’ associations have filed lawsuits against developers, contractors, and builders for… Continue reading Utah Still Thinks Privity of Contract is Important

The Supreme Court Narrows Its Holding in American Pipe & Construction Co. v. Utah

Ryan Vanderford and Mark D. Litvack | Pillsbury Winthrop Shaw Pittman LLP | June 18, 2018 TAKEAWAYS The Supreme Court’s decision in China Agritech, Inc. v. Resh cements a new limit on the filing of successive class actions. Tolling provisions established in landmark American Pipe decision do not extend to individual class members wanting to file a new action… Continue reading The Supreme Court Narrows Its Holding in American Pipe & Construction Co. v. Utah

When Does a Mechanics’ Lien Effect?

Kent B. Scott | Babcock Scott & Babcock | March 30, 2018 The Utah Mechanic’s Liens Act needed some clarification on when exactly a mechanic’s lien goes into effect. That clarification came in February 2015 from the Court of Appeals of Utah. In the case Pentalon Construction, Inc. v. Rymark Properties, LLC the court ruled… Continue reading When Does a Mechanics’ Lien Effect?

Claim Handling Requirements by State – Utah

Julitza Perez | Property Insurance Coverage Law Blog | March 14, 2018 Continuing our tour through state-by-state claim handling guidelines, we explore the requirements for the State of Utah. I recently escaped from the Sunshine State (Florida) and visited the State of Utah for the first time. I was amazed by its mountains and had lots… Continue reading Claim Handling Requirements by State – Utah

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