Legal Question in Construction Law in Utah

Remodeled shower and statue of limitations

My mother-in-law bought a "remodeled" condo, but never used it due to illnesses. Soon after she bought the condo, she had to live in an assisted living home. Once in a while a friend or relative used the condo for a couple of days over a seven year span. My mother-in-law just died, my husband and I spent a couple of days in the condo getting it ready to sale. It is still outwardly in pristine condition because of lack of use. The only problem is that the second day we were there, the shower in the bathroom leaked so bad that if flooded the neighbors' bathroom downstairs. According to a repair man the problem was faulty remodeling work (other neighbors have had problems with their showers as well, but their problems started years before because they were actually using their showers) I called the insurance company and they said that they would not cover it because of faulty construction. Can we sue the contractor in the State of Utah if the work is over six years old? What is the statue of limitations in Utah and what does that have to do with "discovery"


Asked on 3/06/13, 6:56 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

You can sue the contractor, although he will counter that the time to have found the defects has lapsed, but under contract law in Utah you may sue up to 7 years.

Discovery is the legal process that requires a party to answer questions, provide documents etc. It begins after the filing of a lawsuit.

You may call for a free consultation 801-786-4422.

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Answered on 3/07/13, 10:50 am


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