Townhomes At Pointe Meadows Owners Ass'n. v. Pointe Meadows Townhomes, LLC
2014 UT App 52
| Utah Ct. App. | 2014Background
- Townhomes at Pointe Meadows Owners Association sued Pointe Meadows Townhomes, LLC and others for construction defects and related breaches.
- A 2009 case management order set discovery and amendment deadlines; later an October 2010 amended order extended deadlines and provided final expert-disclosure dates.
- Association provided a preliminary expert report from Western Architectural; a third‑party defendants’ third‑party complaints followed in 2009–2010.
- Amended case management order in October 2010 moved final expert disclosures to August 15, 2011 and shielded mediation materials under Rule 408.
- Association filed a second amended complaint on January 12, 2011 raising Davencourt at Pilgrims Landing-related claims.
- In October–November 2011, Association sought to extend discovery; third‑party defendants moved for summary judgment; district court denied extension, struck late expert reports, and granted summary judgment to the Developer and third‑party defendants.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Discovery extension denial, abuse of discretion | Association | District court found delay pattern; extensions not reasonable | No abuse of discretion |
| Exclusion of untimely expert | Expert disclosure was timely by agreement | Failure not harmless; no good cause | Exclusion affirmed |
| Summary judgment reliance on expert need | Some negligence claims don’t require experts | Most claims hinge on defects needing expert proof | Affirmed: expert required to prove construction defects; judgment appropriate |
| Whether some claims survive without expert proof | Certain duties (financial planning) are layperson standard | Trade/engineering standard requires expert testimony | No; negligence claims tied to defects require expert testimony |
Key Cases Cited
- A.K. & R. Whipple Plumbing & Heating v. Aspen Constr., 977 P.2d 518 (Utah 1999) (court-discussion of discovery and sanctions standards)
- Brussow v. Webster, 258 P.3d 615 (Utah Ct. App. 2011) (importance of identifying expert witnesses in disclosures)
- Spafford v. Granite Credit Union, 266 P.3d 866 (Utah App. 2011) (expert disclosure requirements and purpose)