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Blueridge Homes Inc. v. Method Air Heating and Air Conditioning

Court of Appeals of Utah

September 6, 2019

Blueridge Homes Inc., Jared Oeser, Ryan Clark, and Julianne Oeser, Appellants,
v.
Method Air Heating and Air Conditioning, K&K Stucco & Stone LLC, Hill & Mehr Heating & Cooling, Curtis Miner Architects, Parrish Construction Company, Dave's Custom Siding, and Hercules Construction Inc. Appellees.

          Fourth District Court, Provo Department The Honorable Samuel D. McVey The Honorable Kraig Powell No. 140401785

          Richard K. Glauser and Richard Bissell, Attorneys for Appellants

          Joseph E. Minnock, Attorney for Appellee Method Air Heating and Air Conditioning

          Scott C. Powers and Erik R. Hamblin, Attorneys for Appellee K&K Stucco & Stone LLC

          Vincent J. Velardo and Thomas J. Rollins, Attorneys for Appellee Hill & Mehr Heating & Cooling

          Craig R. Mariger, Brad M. Liddell, and C. Michael Judd, Attorneys for Appellee Curtis Miner Architects

          Peter H. Barlow and Andrew D. Day, Attorneys for Appellee Parrish Construction Company

          Stephen F. Edwards, Attorney for Appellees Dave's Custom Siding

          Joseph J. Joyce and Jeremy G. Knight, Attorneys for Appellee Hercules Construction Inc.

          Judge David N. Mortensen authored this Opinion, in which Judges Gregory K. Orme and Kate Appleby concurred.

          MORTENSEN, JUDGE

         ¶1 In this appeal, third-party plaintiffs in a construction defect case seek to avoid a statute of repose but fail in that effort. Plaintiff filed suit against its general contractor, Blueridge Homes Inc. (Blueridge), in December 2014, alleging construction defects in a condominium development project. In July 2015, Blueridge filed a third-party complaint against its various subcontractors, alleging that if Blueridge was liable to Plaintiff, then subcontractors were liable to Blueridge. Although Plaintiff's claims against Blueridge survived a motion to dismiss, the district court dismissed Blueridge's third-party claims as time-barred under Utah Code section 78B-2-225 (Builders' Statute of Repose). Blueridge argues that the district court erred by (1) dismissing its third-party complaint because it should have related back to Plaintiff's December 2014 filing and (2) denying its post-trial motions. We affirm the district court on both points.

         BACKGROUND

         ¶2 Plaintiff entered into a contract with Blueridge as the general contractor for a condominium development in Saratoga Springs, Utah (Project). The Project consisted of nine buildings. Upon substantial completion of each building, ...


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