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House narrows construction statute of repose after amendment, sends revised bill to Senate
Summary
The House passed House Bill 96 as amended (70-0) to revise the statute of repose for construction-defect claims; sponsors argued the change responds to insurance-market pressures and aligns the period with neighboring states and Supreme Court guidance.
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House Bill 96, which addresses the statute of repose for construction-defect claims, passed the Utah House unanimously after floor amendment. Representative Vadims explained the bill concerns time limits after which legal action cannot be brought and said insurers have reduced liability coverage offerings in Utah; the measure as presented sought to reduce the repose period from 12 years to 8 years but a floor amendment adjusted numeric provisions to align with Supreme Court guidance and committee findings.
Vadims summarized comparative statutes in surrounding states (Idaho 6 years, Colorado 6 years, Arizona 8 years, Wyoming 10 years, Nevada 10 years) and described a study cited by the Supreme Court finding a 1% chance of damage in the ninth year; he moved an amendment replacing several references to "8" with alternative numbers (including 9 in key places) to reflect that guidance. The amendment was adopted on the floor and final passage was recorded as 70 yes, 0 no.
Supporters said the amendment preserved the balance between allowing meritorious claims and maintaining a viable insurance market for contractors, while opponents were not recorded on the floor as successful in blocking the change. The amended bill will be forwarded to the Senate for further consideration.
Recorded floor outcome: House Bill 96 as amended passed 70-0.
