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HESS v. CANBERRA DEVELOPMENT CO., LC

No. 20090266.

254 P.3d 161 (2011)

2011 UT 22

Mark HESS and Marilyn Hess, Plaintiffs and Appellees, v. CANBERRA DEVELOPMENT COMPANY, LC and David J. Allen, Defendants and Appellants.

Supreme Court of Utah.

Rehearing Denied June 14, 2011.

Attorney(s) appearing for the Case

Stephen Quesenberry , Charles L. Perschon , Provo, for plaintiffs.

Bruce R. Baird , Dallis A. Nordstrom , Salt Lake City, for defendants.

Associate Chief Justice DURRANT, opinion of the Court:

INTRODUCTION

¶ 1 In 2004, Appellees, Mark and Marilyn Hess (collectively, the "Hesses") purchased an undeveloped lot of land from Canberra Development Company, LC ("Canberra"), located in a subdivision owned and developed by Canberra. After constructing a home on the lot and moving into it, the Hesses began to notice several structural problems, including large cracks in the home's floor. A short...

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