Mark Morris | Snell & Wilmer | July 5, 2019 There is good news for contractors in Utah who take care to appropriately mark, sign and warn of hazards. Of course it does not mean they will avoid being sued. But in Coburn v. Whitacker Construction Co., 2019 UT 24, the Utah Supreme Court recently reaffirmed… Continue reading In Utah, It’s Obvious What’s Open and Obvious
Tag: utah
Contingent Payment Clauses in Utah “Deal or No Deal?”
Kent Scott | Babcock Scott and Babcock | October 10, 2018 Introduction. Contingent payment clauses provide parties involved in a construction project with a contractual method for determining who will absorb losses that may occur if the owner fails to pay for work performed on the project. In Utah, the law remains unsettled in this… Continue reading Contingent Payment Clauses in Utah “Deal or No Deal?”
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