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Expert Analysis

Utah Appeals Court Upholds Construction Statute Of Repose

Law360, New York (July 2, 2015, 10:56 AM EDT) -- Attorneys defending design professionals and contractors in Utah have long argued that Utah Code section 78B-2-225(3)(a) is a statute of repose rather than a statute of limitations. In general, a statute of limitations defines the time frame in which a lawsuit must be filed, starting from the date of injury or damage. The limits for bringing a claim may be equitably tolled in some circumstances if the plaintiff does not know it has been injured or damaged. In contrast, a statute of repose defines the maximum time frame for bringing suit, starting from a certain event other than the injury itself, regardless of when the injury or damage occurs or is known....

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