Overview
Century Communities operates in Utah with communities along the Wasatch Front, primarily in Salt Lake County, Utah County, and Davis County, serving entry-level and move-up buyers.
Utah's Residence Lien Restriction and Lien Recovery Fund Act, contractor licensing through the Division of Occupational and Professional Licensing, and the state's construction defect notice provisions create the legal framework for Century Communities buyers.
How Utah Law Affects Your Contract
The following analysis examines how Century Communities's documented contract patterns interact with Utah consumer protection law.
Construction Defect Notice Requirements
Utah requires homeowners to provide written notice to the builder before filing a construction defect claim. The notice must allow the builder an opportunity to inspect and offer to repair. This statutory requirement applies regardless of contract terms.
Implied Warranty of Habitability
Utah courts recognize an implied warranty of habitability for new residential construction. Century's habitability waiver (HAB-001) may face enforceability challenges under Utah law.
Utah Consumer Sales Practices Act
The Utah Consumer Sales Practices Act (Utah Code § 13-11-1 et seq.) prohibits deceptive and unconscionable sales practices. Misrepresentations about Inspire Home Loans financing or material substitutions (MAT-001) may be subject to claims under this statute.
Arbitration Enforceability
Utah courts generally enforce arbitration clauses under the Federal Arbitration Act and the Utah Uniform Arbitration Act. Century's JAMS arbitration clause (ARB-001) and class action waiver (CLA-001) are subject to unconscionability analysis.
Utah Legal History
No state-specific litigation involving Century Communities in Utah has been identified in public records as of this writing.
Relevant Utah Laws
Provides protections for homeowners against construction liens from subcontractors and suppliers, and establishes a recovery fund for homeowners who pay their builder but are still liened.
Prohibits deceptive acts in consumer transactions and provides remedies for affected consumers.
Utah Key Facts
- 1Utah does not have a statutory implied warranty of habitability for new construction; protections arise under common law.
- 2Utah's Residence Lien Restriction Act protects homeowners from double-payment scenarios involving subcontractors.
- 3Mandatory arbitration clauses are generally enforceable in Utah.
- 4Utah has a 6-year statute of repose for construction defect claims.
- 5The Utah Division of Occupational and Professional Licensing licenses residential building contractors.
- 6Utah does not have a statutory right-to-repair or pre-litigation notice requirement for construction defects.
What Utah Buyers Should Know
- Understand Utah's construction defect notice requirements. Utah law requires written notice to the builder before filing a construction defect claim. Document defects and follow the statutory notice process.
- Compare Inspire Home Loans with independent lenders. Century may offer incentives to use Inspire Home Loans. Compare total loan costs with at least two independent lenders.
- Insist on an independent home inspection. Negotiate for inspection access if the contract restricts it (INS-001). An independent inspector can identify defects before closing.
- Verify the builder's license. Check Century's license status with the Utah Division of Occupational and Professional Licensing. Review any complaint or disciplinary history.