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Arbitration May Be Available Without An Express Direct Agreement in Utah

Construction transactions are characterized by many contracts involving multiple parties. While the terms of the parties’ individual contracts generally govern their relationships, parties should be aware that, intentionally...more

Recent Utah Court of Appeals Opinion Makes Integration Clauses Nearly Bullet Proof

Construction relationships are usually governed by multiple contracts, such as various form AIA contracts, addenda, real estate purchase contracts, and financing agreements. Scores of different entities can be involved. 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

In Utah, Asbestos Take-Home Exposure Equates to Damages Exposure For Premises Operators and Contractors

In its decision Larry Boynton v. Kennecott Utah Copper, LLC, 2021 UT 40, the Utah Supreme Court found that premises operators owed a duty of care to prevent take-home exposure to asbestos dust not only its employees, but also...more

Clarifying the Standard for Severance Damages for Condemned Property in Utah

In UDOT v. Target Corp. et al., 2020 UT 10, the Utah Supreme Court recently clarified the standard by which a property owner is entitled to severance damages in connection with condemnation under Utah Code Ann. §...more

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