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ROTTA v. HAWK

No. 860356-CA.

756 P.2d 713 (1988)

Vincent ROTTA, Jr., Western General Construction Company, et al., Plaintiffs, Appellant and Cross-Respondent, v. Hal HAWK, Home Savings and Loan Association, et al., Defendants, Respondent and Cross-Appellant.

Court of Appeals of Utah.

June 10, 1988.

Attorney(s) appearing for the Case

Noall T. Wootton (argued), American Fork for Webster General Construction Company.

Richard A. Rappaport, Keith W. Meade (argued), Salt Lake City for Home Savings & Loan.

Scott E. Miller, Chief Title Officer, Universal Title Ins., Minneapolis, Minn. for Universal Title Insurance.

A.H. Boyce, Salt Lake City for Home Savings & Loan.

Randall W. Richards, Ogden for Pioneer Door Sales.

Parley R. Baldwin, Ogden for Johnsons Electric Company.

Walter F. Bugden, Salt Lake City for Vincent Rotta.

Lynn J. Clark, Midvale for RCI, Inc.

Richard L. King, Salt Lake City.

James E. Morton, Salt Lake City for Vincent Rotta, Jr.

Grant G. Orton, IPC Ltd., Equity Reliance, Salt Lake City for Tihl & Clark.

David Stazinsky, Security Title, Salt Lake City for Security Title Co.

C. Reed Brown, Salt Lake City for Kirby Building.

Randall L. Skeen, Salt Lake City for Geneva Rock.

R. Dale Potter, Salt Lake City.

Kent Collins, Salt Lake City.

Steven H. Gunn, Salt Lake City.

Before JACKSON, BENCH and DAVIDSON, JJ.

OPINION

DAVIDSON, Judge:

Respondent and cross-appellant Home Savings and Loan Association (Home Savings) was the construction lender while appellant and cross-respondent Western General Construction Company (Western General) was the general contractor on a project in Salt Lake County, Utah. The overall construction project proceeded as two separate projects with separate contracts and loans executed for each project but with the same developer, lender, and...

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