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R4 Constructors v. Inbalance Yoga, 2020 UT App 169 (Dec. 24, 2020)

Dec 24, 2020

The court held that the nonrecovery provision of Utah Code § 58-55-604 (which limits a non-licensed contractor’s ability to sue) 1) creates an affirmative obligation of the plaintiff which is not a waivable affirmative defense; and 2) allows unlicensed contractors to sue even if they are out of compliance with the statute, so long as they can demonstrate that a common law exception to the statute applies.  The court also affirmed the district court’s denial of a motion to extend expert discovery deadlines, holding that it would presume that the court had a reasonable basis for its decision because the appellant failed to include a transcript of the hearing in the record on appeal.