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Hayes v. Intermountain GeoEnvironmental Servs. Inc., 2019 UT App 112 (June 27, 2019)

Jun 27, 2019

The court of appeals affirmed the dismissal of tort claims brought by a homeowner against a geotechnical engineering company under the statutory economic loss rule found in Utah Code § 78B-4-513(1).  The court concluded that the tort claims were “an action for defective design and construction,” within the meaning of the statute, and were therefore barred by it, because each category of damages the plaintiff sought was related to allegations of defective design or construction.  The court further concluded that the “other property” exception did not apply to permit tort claims for damage to the home that was built upon the land that the company tested.