Laws Lawyers Find Laws Legal Forms State Laws

UTAH STATUTES AND CODES

78B-4-513 - Cause of action for defective construction.

Listen
78B-4-513. Cause of action for defective construction.(1)Except as provided in Subsection (2), an action for defective design or construction islimited to breach of the contract, whether written or otherwise, including both express andimplied warranties.(2)An action for defective design or construction may include damage to other propertyor physical personal injury if the damage or injury is caused by the defective design orconstruction.(3)For purposes of Subsection (2), property damage does not include:(a)the failure of construction to function as designed; or(b)diminution of the value of the constructed property because of the defective design orconstruction.(4)Except as provided in Subsections (2) and (6), an action for defective design orconstruction may be brought only by a person in privity of contract with the original contractor,architect, engineer, or the real estate developer.(5)If a person in privity of contract sues for defective design or construction under thissection, nothing in this section precludes the person from bringing, in the same suit, anothercause of action to which the person is entitled based on an intentional or willful breach of a dutyexisting in law.(6)Nothing in this section precludes a person from assigning a right under a contract toanother person, including to a subsequent owner or a homeowners association.Enacted by Chapter 280, 2008 General Session
Loading...
  • Play
  • Pause
  • Volume:
  • Mute
  • Half
  • Max
  • 78B-4-513. Cause of action for defective construction.
    (1) Except as provided in Subsection (2), an action for defective design or construction islimited to breach of the contract, whether written or otherwise, including both express andimplied warranties.
    (2) An action for defective design or construction may include damage to other propertyor physical personal injury if the damage or injury is caused by the defective design orconstruction.
    (3) For purposes of Subsection (2), property damage does not include:
    (a) the failure of construction to function as designed; or
    (b) diminution of the value of the constructed property because of the defective design orconstruction.
    (4) Except as provided in Subsections (2) and (6), an action for defective design orconstruction may be brought only by a person in privity of contract with the original contractor,architect, engineer, or the real estate developer.
    (5) If a person in privity of contract sues for defective design or construction under thissection, nothing in this section precludes the person from bringing, in the same suit, anothercause of action to which the person is entitled based on an intentional or willful breach of a dutyexisting in law.
    (6) Nothing in this section precludes a person from assigning a right under a contract toanother person, including to a subsequent owner or a homeowners association.

    Enacted by Chapter 280, 2008 General Session

    Utah Forms by Issue

    Utah Abortion Forms
    Utah Administration/Filing Fees Forms
    Utah Business Forms
    Utah Court Forms
    > Civil (District)
    > Mediation
    > Personal Protection
    > Subpoena
    Utah Divorce Forms
    Utah Expungement Forms
    Utah Name Change Forms
    Utah Parental Notification Forms
    Utah Power of Attorney Forms
    Utah Tax Forms

    Utah Law

    Utah State Laws
        > Utah Child Support
        > Utah Gun Laws
        > Utah Statutes
    Utah Courts
    Utah Tax
        > Utah State Tax
    Utah Labor Laws
        > Utah Unemployment
    Utah Agencies
        > Utah Department of Workforce Services
        > Utah DMV
        > Utah State Tax Commission

    Utah Court Map

    Operation Confirm
    Are you sure you want to delete it?
      
    Tips