Davencourt at Pilgrims Landing Homeowners Association v. Davencourt at Pilgrims Landing LC
Supreme Court of Utah
221 P.3d 234 (2009)
Relevant factsFree
After discovering extensive water seepage causing stucco damage due to alleged faulty design, workmanship, materials, and building-code noncompliance, plus an undisclosed soil-collapse risk the developer (defendant) had known about, the homeowners association (plaintiff) sued for breach of an implied warranty of workmanlike construction and habitability; the trial court dismissed the claim because Utah had never previously recognized such an implied warranty for new residential construction.
IssueFree
Whether a seller in the business of building or selling new residences makes an implied warranty to a buyer that the residence is constructed in a workmanlike manner and is fit for habitation.
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