Utah Supreme Court

American Towers Owners Association, Inc., a Utah Corporation, Plaintiff and Appellant v. Cci Mechanical, Inc…

December 20, 1996306 Utah Adv. Rep. 3

Summary

The court affirmed summary judgment for all defendants on the Association’s claims arising from alleged plumbing and mechanical defects in a condominium complex. It held that First Security’s broad release covered the claims and was not avoidable for mutual mistake; the Association could not proceed as a third-party beneficiary, recover purely economic losses in negligence, or obtain unjust enrichment or an implied warranty of habitability. The court also upheld denial of a default money judgment against one nonanswering defendant and denial of additional discovery because the requested facts would not affect the legal rulings.