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PENTALON CONST., INC. v. RYMARK PROPERTIES

No. 20130973-CA.

344 P.3d 180 (2015)

2015 UT App 29

PENTALON CONSTRUCTION, INC.; Granite Construction Company; and Wimmer Electric, Inc., Plaintiffs and Appellants, v. RYMARK PROPERTIES, LLC, and Federal Deposit Insurance Corporation, Defendants and Appellee.

Court of Appeals of Utah.

February 5, 2015.

Attorney(s) appearing for the Case

Robert F. Babcock , Jason H. Robinson , D. Scott DeGraffenried , Michael D. Zimmerman , Troy L. Booher , and Clemens A. Landau , Salt Lake City, for Appellants Pentalon Construction, Inc. and Granite Construction Company.

Dana T. Farmer , for Appellant Wimmer Electric, Inc.

David M. Bennion and Alan S. Mouritsen , Salt Lake City, for Appellee Federal Deposit Insurance Corporation.

Judge J. FREDERIC VOROS JR. authored this Opinion, in which Judge JOHN A. PEARCE concurred. Judge JAMES Z. DAVIS dissented, with opinion.

Opinion

¶ 1 This case concerns whether the near-complete excavation for a building's foundation constitutes commencement of work under a now-repealed provision of the Utah Mechanic's Lien Act (the Act). Under the Act, a mechanic's lien relates back to the date work commenced onsite. Therefore, if other legal requirements...

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