Davencourt at Pilgrims Landing Homeowners Association v. Davencourt at Pilgrims Landing LC
Supreme Court of Utah
221 P.3d 234 (2009)
Davencourt at Pilgrims Landing, LC (Developer) (defendant) constructed a building development with individual units for sale. The common areas of the development were maintained by Davencourt at Pilgrims Landing Homeowner Association (Association) (plaintiff). At some point, the Association learned of problems with the buildings in the development. Specifically, water was seeping into the buildings through walls, doors, windows, window boxes, and roofs. This water seepage caused damage to the buildings’ stucco. A building specialist inspected the premises and informed the Association that the water seepage was due to faulty design, faulty workmanship, defective materials, improper construction, and noncompliance with building codes. The Association also learned that the Developer had previously obtained a study that warned the soil under the development was collapsible and could subside. The Association repeatedly requested that the Developer repair these defects, but the Developer refused. The Association sued the Developer for breaching the implied warranty of workmanlike manner and habitability. The trial court granted the Developer’s motion to dismiss. The Association appealed.
Rule of Law
Holding and Reasoning (Durham, C.J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 175,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.