Can homeowners toll Utah's construction defect statute of limitations? Willis v. DeWitt Explained

In Willis v. DeWitt, the Utah Court of Appeals clarified a critical limitation issue for construction defect litigation: Utah’s six-year deadline for contract claims against builders cannot be extended through discovery rules or fraudulent concealment arguments.

Background and Facts

The Willises contracted with DeWitt Construction for a new home in 2005. DeWitt knew that expansive soil was present in the development and had the top sixteen feet of soil removed and replaced with compacted fill that still contained some expansive material. The Willises took possession in December 2005 and began noticing defects like cracking driveways and walls within months. They filed suit in June 2012, asserting breach of contract and breach of the covenant of good faith and fair dealing claims for DeWitt’s failure to disclose the soil conditions.

Key Legal Issues

The central issue was whether Utah Code section 78B-2-225(3)(a), which requires contract actions against construction providers to be commenced “within six years of the date of completion,” could be tolled by discovery rules or fraudulent concealment theories. The trial court initially found factual disputes about fraudulent concealment but ultimately granted summary judgment for DeWitt.

Court’s Analysis and Holding

The Court of Appeals affirmed on an alternative ground: section 78B-2-225(3)(a) is a statute of repose, not a statute of limitations. Unlike statutes of limitations that run from when a claim accrues, statutes of repose create absolute deadlines from specified events regardless of when injury occurs or is discovered. The court relied on Craftsman Builder’s Supply v. Butler Manufacturing, which held that similar language in a predecessor statute created a statute of repose not subject to discovery rules.

Practice Implications

This decision establishes that Utah’s construction defect limitation period is absolute. The six-year clock starts ticking at completion, and no equitable tolling theories can extend it. Practitioners must file construction defect claims within six years of completion, regardless of when problems are discovered or whether the builder concealed information. The decision protects builders from perpetual liability while requiring homeowners to act promptly once the limitation period begins.