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Construction law

defects

A construction defect is generally a deficiency in the design or construction of a building due to the failure to design or construct the building in a reasonably workmanlike manner (the minimally acceptable industry standard), or according to the owner’s reasonable expectation.

In Utah, a construction defect is recognized as a deficiency in the design, workmanship, or materials of a building that fails to meet the reasonable standards of the construction industry or the expectations of the property owner. The state's regulations on construction defects are primarily governed by the Utah Code, which includes statutes of limitations and repose for construction defect claims. These laws dictate the time frame within which a property owner can bring a lawsuit against a contractor, architect, or builder for defects discovered in their property. Additionally, Utah law requires that before filing a lawsuit for construction defects, the property owner must provide the contractor with a pre-litigation notice, allowing the contractor an opportunity to inspect the defect and offer to remedy the issue or settle the dispute. Failure to adhere to these procedural requirements can affect the outcome of a construction defect claim. It is advisable for property owners to consult with an attorney to navigate the complexities of construction defect claims and ensure compliance with Utah's legal requirements.

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Construction law

defects

Individual & Family Legal Plan

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Utah State Code

Utah State Code

Construction law

defects

Articles