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Craftsman Builder's Supply Inc. v. Butler Manufacturing Co.3/5/1999
od is the two-year limitations period and not the six- or twelve-year period of the statutes of repose. For example, if an injured party discovers a cause of action for negligence one year after completion of the improvement, then the injured party has only two years in which to commence his action, not eleven. Likewise, without the "subject to" language, a contract action discovered in the fifth year or a tort action discovered in the eleventh year would be barred after only one more year, i.e., after the respective six- or twelve-year period from completion of the improvement. However, the statute as written subjects such scenarios to subsection (3), and the injured party is provided two years to commence his action. Therefore, the statute of repose provisions are not subject to a discovery rule but rather, in the present case, operate to bar Craftsman's causes of action.
III. EXPRESS WARRANTY
We next discuss whether there was an express written warranty extending beyond six years. Section 78-12-25.5(6)(c) provides in part, "Subsections (4) and (5) do not apply to an action against a provider . . . for breach of a written express warranty where the warranty period extends beyond six years as provided in Subsection (4)." Craftsman argues that the references to "a live load of 40" and "40# psf LL" in the buildings specifications--meaning that the roof of the building would support 40 pounds per square foot--created an express warranty that extended to future performance. Craftsman asserts that, at a minimum, a question of fact exists as to whether this warranty extended beyond six years. However, assuming the above language constitutes a warranty, Craftsman points to no evidence of a warranty period, let alone one that extends beyond six years. Without such evidence, Craftsman cannot satisfy section 78-12-25.5(6)(c), which requires a "written express warranty where the warranty period extends beyond six years." While Craftsman argues that it "defies logic to argue that building was warranted to bear a 40 lb. load, but not in the future," we decline to let the warranty period issue go to a jury for purposes of section 78-12-25.5(6)(c), where such a period was not expressed by the parties and there is no other evidence that the warranty extended beyond six years.
IV. BUILDERS STATUTE OF REPOSE
The final issue we address is whether the products liability statute of limitations should apply instead of the builders statute of repose because it is the more specific statute. The products liability statute of limitations bars an action two years after the injured party discovers or should have discovered the harm and its cause. See Utah Code Ann. ยง 78-15-3. It is undisputed that Craftsman filed its products liability claim within the limitation period.
In support of its argument, Craftsman cites the following language from Jensen v. IHC Hospitals, Inc., 944 P.2d 327, 336 (Utah 1997):
" hen faced with two statutes that purport to cover the same subject, our primary duty `is to determine legislative intent, and the best evidence of legislative intent is the plain language of the statute.' A settled rule of statutory construction, which helps us determine the legislative intent, provides that `a more specific statute governs instead of a more general statute.'" (Citations omitted.) Craftsman asks us to hold that the products liability statute of limitations governs this case because it is more specific than the builders statute of repose. According to Craftsman, the products liability statute is more specific because it applies only to products, whereas the builders statute of repose is much broader, applying, in the words of Craftsman, to "all
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