31 P.3d 576 (Ut. Ct. App. 2001)
The Snowflower case was another construction defect case with an unfortunate outcome for the association and its members. In Snowflower, the Association discovered construction defects in connection with a remodelling project; their claims against the developer were all thrown out by the Utah Court of Appels, based largely upon the “economic loss rule” and the absence, in Utah, of implied warranties of habitablity and fitness.
The Snowflower case did not create any shocking new law in Utah, and its conclusion was rather predictable, given the then-existing status of the “economic loss rule” in Utah and the length of time that had elapsed since construction. Time will tell, however, whether or not the Snowflower case remains viable following the recent developments in case law presented by Hermansen and Yazd.