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House adopts longer statute‑of‑repose window after floor amendment

Utah House of Representatives · February 25, 1991
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Summary

After a floor amendment replacing a 10‑year limit with 15 years, the House approved Senate Bill 92, which establishes a statute of repose affecting architects, engineers and builders; debate centered on constitutional risk and alignment with other states.

The Utah House amended and approved Senate Bill 92, which sets a statutory cutoff — a statute of repose — limiting the time in which claims may be brought against architects, engineers and builders. Debate focused on whether the repose period should be 10 years, matching many states, or longer to capture more possible claims.

Representative Jensen, who explained the bill, said it would create time limits that differ from a statute of limitations and described a structure with a 10‑year repose for major defects and a 6‑year period for contractual warranties. He said the change was intended to align Utah with other states that have had their statutes upheld.

Representative Lewis offered a floor amendment striking 10 and inserting 15, arguing that a 15‑year period would capture virtually all claims and better protect individuals harmed by construction defects. "I do believe that our court's comments about access to the courts are stronger than some of the other states," Lewis said in urging the amendment.

Representative Jensen noted statewide practice and said most states use 10 years, but that the question of the appropriate public policy was for the body to decide. The House adopted the Goldenrod amendment to change 10 to 15 and passed SB 92 as amended; the clerk recorded 67 affirmative votes and 5 negative votes.

What it means: If enacted as amended, the statutory repose window for major defects would be 15 years, with a separate contractual warranty period (6 years) retained in the text as described on the floor. Sponsors and opponents urged careful consideration of constitutional and policy implications.

Provenance: Floor debate and vote recorded on the House floor during the session.