State Codes and Statutes
Statutes > Utah > Title-78b > Chapter-02 > 78b-2-22578B-2-225. Actions related to improvements in real property.
(1) As used in this section:
(a) "Abandonment" means that there has been no design or construction activity on theimprovement for a continuous period of one year.
(b) "Action" means any claim for judicial, arbitral, or administrative relief for acts,errors, omissions, or breach of duty arising out of or related to the design, construction, orinstallation of an improvement, whether based in tort, contract, warranty, strict liability,indemnity, contribution, or other source of law.
(c) "Completion of improvement" means the date of substantial completion of animprovement to real property as established by the earliest of:
(i) a Certificate of Substantial Completion;
(ii) a Certificate of Occupancy issued by a governing agency; or
(iii) the date of first use or possession of the improvement.
(d) "Improvement" means any building, structure, infrastructure, road, utility, or othersimilar man-made change, addition, modification, or alteration to real property.
(e) "Person" means an individual, corporation, limited liability company, partnership,joint venture, association, proprietorship, or any other legal or governmental entity.
(f) "Provider" means any person contributing to, providing, or performing studies, plans,specifications, drawings, designs, value engineering, cost or quantity estimates, surveys, staking,construction, and the review, observation, administration, management, supervision, inspections,and tests of construction for or in relation to an improvement.
(2) The Legislature finds that:
(a) exposing a provider to suits and liability for acts, errors, omissions, or breach of dutyafter the possibility of injury or damage has become highly remote and unexpectedly createscosts and hardships to the provider and the citizens of the state;
(b) these costs and hardships include liability insurance costs, records storage costs,undue and unlimited liability risks during the life of both a provider and an improvement, anddifficulties in defending against claims many years after completion of an improvement;
(c) these costs and hardships constitute clear social and economic evils;
(d) the possibility of injury and damage becomes highly remote and unexpected sevenyears following completion or abandonment; and
(e) except as provided in Subsection (7), it is in the best interests of the citizens of thestate to impose the periods of limitation and repose provided in this chapter upon all causes ofaction by or against a provider arising out of or related to the design, construction, or installationof an improvement.
(3) (a) An action by or against a provider based in contract or warranty shall becommenced within six years of the date of completion of the improvement or abandonment ofconstruction. Where an express contract or warranty establishes a different period of limitations,the action shall be initiated within that limitations period.
(b) All other actions by or against a provider shall be commenced within two years fromthe earlier of the date of discovery of a cause of action or the date upon which a cause of actionshould have been discovered through reasonable diligence. If the cause of action is discovered ordiscoverable before completion of the improvement or abandonment of construction, thetwo-year period begins to run upon completion or abandonment.
(4) Notwithstanding Subsection (3)(b), an action may not be commenced against a
provider more than nine years after completion of the improvement or abandonment ofconstruction. In the event the cause of action is discovered or discoverable in the eighth or ninthyear of the nine-year period, the injured person shall have two additional years from that date tocommence an action.
(5) Subsection (4) does not apply to an action against a provider:
(a) who has fraudulently concealed his act, error, omission, or breach of duty, or theinjury, damage, or other loss caused by his act, error, omission, or breach of duty; or
(b) for a willful or intentional act, error, omission, or breach of duty.
(6) If a person otherwise entitled to bring an action did not commence the action withinthe periods prescribed by Subsections (3) and (4) solely because that person was a minor ormentally incompetent and without a legal guardian, that person shall have two years from thedate the disability is removed to commence the action.
(7) This section shall not apply to an action for the death of or bodily injury to anindividual while engaged in the design, installation, or construction of an improvement.
(8) The time limitation imposed by this section does not apply to any action against anyperson in actual possession or control of the improvement as owner, tenant, or otherwise, at thetime any defective or unsafe condition of the improvement proximately causes the injury forwhich the action is brought.
(9) This section does not extend the period of limitation or repose otherwise prescribedby law or a valid and enforceable contract.
(10) This section does not create or modify any claim or cause of action.
(11) This section applies to all causes of action that accrue after May 3, 2003,notwithstanding that the improvement was completed or abandoned before May 3, 2004.
Renumbered and Amended by Chapter 3, 2008 General Session
