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Willis v. DeWitt, 2015 UT App 123, 350 P.3d 250 (May 14, 2015) 

May 14, 2015

In this construction defect case, the district court dismissed the homeowners’ contractual claims against a construction company after finding the homeowners had knowledge of their claims and were not entitled to equitable tolling. The Court of Appeals affirmed on alternative grounds. It concluded that Utah Code § 78B-2-225(3)(a), which provides that contractual and warranty claims against certain providers of construction services “shall be commenced within six years of the date of completion or abandonment,” is a statute of repose. As a result, a homeowner seeking to recover against a construction company under a theory of contract or warranty outside the six-year time limit cannot invoke equitable tolling.