The Gables and Villas at River Oaks Homeowners Association v Castlewood Builders, LLC

Castlewood brought an interlocutory appeal of the denial of its summary judgment  motion arguing Association’s amended complaint was time barred. The Court reversed holding that the case commenced under the statute of repose Utah Code 78B-2-225(3)(a) when Association filed its amended complaint adding Castlewood pursuant to Rule of Civil Procedure 3 and the amended  complaint was filed more than the six years allowed by 225(3)(a). It rejected Association’s policy arguments noting it was free to file a new lawsuit if it was concerned its motion to amend would be granted after the repose period ran.