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VCS, INC. v. COUNTRYWIDE HOME LOANS, INC.

No. 20111092.

349 P.3d 704 (2015)

2015 UT 46

VCS, INC., a Utah corporation; and Tom Phelps, Appellants, v. COUNTRYWIDE HOME LOANS, INC.; Axiom Financial, LLC, a Utah limited liability company; Nathan K. Spencer; Nathan William Van Rij; Sarah Shirley Van Rij; Craig Belliston; and Natasha Belliston, Appellees.

Supreme Court of Utah.

April 14, 2015.

Attorney(s) appearing for the Case

David B. Stevenson , Elizabeth A. Knudson , Ogden, for appellants.

Bryce D. Panzer , Bruce M. Franson , Salt Lake City, for appellee Countrywide Home Loans, Inc.

Daniel L. Steele , Grant M. Sumsion , Benjamin K. Lusty , Salt Lake City, for appellee Axiom Financial, LLC.

Larry G. Moore , Salt Lake City, for appellees Nathan K. Spencer, Nathan William VanRij, Sarah Shirley Van Rij, Craig Belliston, and Natasha Belliston.

Chief Justice DURRANT authored the opinion of the Court, in which Associate Chief Justice LEE, Justice PARRISH, Judge PEARCE, and Judge HANSEN joined. Justice DURHAM and Justice NEHRING did not participate herein; Court of Appeals Judge JOHN A. PEARCE and District Judge ROYAL I. HANSEN sat. Justice DENO G. HIMONAS became a member of the Court on February 13, 2015, after oral argument in this matter, and accordingly did not participate.

Introduction

¶ 1 Appellant VCS, Inc. provided labor and materials to improve real property located in the Acord Meadows planned unit development in Salt Lake City. The developer, Acord Meadows, LLC (Acord), secured funding for the project from two lenders—America West Bank (America...

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