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Property OwnershipConstruction_defectsMEDIUM

Utah's construction defect laws require a homeowner to take which step before filing a lawsuit against a builder?

Correct Answer

B) Submit a written notice of claim to the builder and allow an opportunity to inspect and repair

Under Utah's Right to Repair Act (Utah Code § 78B-4-513 through § 78B-4-517), a homeowner must provide written notice of the alleged construction defect to the builder before filing a lawsuit. The builder then has a statutory right to inspect the property and make a written offer to repair the defect, pay monetary compensation, or dispute the claim. This pre-suit process is designed to encourage resolution without litigation. Failure to comply with the notice requirements can affect the homeowner's ability to proceed with a lawsuit.

Answer Options
A
Obtain a court order
B
Submit a written notice of claim to the builder and allow an opportunity to inspect and repair
C
File a complaint with the Division of Real Estate
D
No pre-suit notice is required in Utah

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Related Topics & Key Terms

Related Topics:

Utah Right to Repair ActUtah Code § 78B-4-513new construction disclosuresstatute of limitations for construction defectsDOPL contractor licensing

Key Terms:

Right to Repair ActUtah Code § 78B-4-513construction defectwritten noticepre-suit noticebuilder inspection
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