(1) 

Terms Used In Utah Code 78B-2-116

  • action: as used in this chapter includes counterclaims and cross-complaints and all other civil actions in which affirmative relief is sought. See Utah Code 78B-2-101
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
(a)  A statute of limitations or repose may not bar an action by the state or other governmental entity to recover damages from any manufacturer of any construction materials containing asbestos, when the action arises out of the manufacturer’s providing the materials, directly or through other persons, to the state or other governmental entity or to a contractor on behalf of the state or other governmental entity.

(b)  Subsection (1)(a) provides for actions not yet barred, and also acts retroactively to permit actions under this section that are otherwise barred.

(2)  As used in this section, “asbestos” means asbestiform varieties of:

(a)  chrysotile (serpentine);

(b)  crocidolite (riebeckite);

(c)  amosite (cummingtonite-grunerite);

(d)  anthophyllite;

(e)  tremolite; or

(f)  actinolite.

Renumbered and Amended by Chapter 3, 2008 General Session