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Utah Court Confirms “Seller Beware” Rule in Failed Sale Suits, Requiring Return of Earnest Money Before Seeking Other Remedies

In Utah, if you are a seller of real property, you have to let the bird in the hand go before pursuing the two in the bush. The seller of a motel trying to recover damages from a prospective buyer for breach of contract got a...more

Utah Courts Expand the Reach of the Economic Loss Rule in Construction Disputes

Utah courts continue to strengthen both the common law and statutory economic loss rule by limiting what duties are independent of those in a typical buyer/seller contractual relationship and thus limiting the common law...more

Utah Affirms Again – Implied Covenants, Even Good Faith and Fair Dealing, Do Not Trump Express Covenants

On October 29, 2019, the Utah Supreme Court issued a rare decision reversing the Utah Court of Appeals. At issue was whether an at-will salesperson who had completed six contracts for sale of television services, and who was...more

Under Construction - June 2017

Welcome to the summer 2017 edition of our Under Construction newsletter. In this issue, to accompany the summer heat, we highlight several hot topic items affecting the construction industry, such as the recent revisions to...more

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