Arizona’s rules for homeowner fee recovery have changed again due to the decision of Sirrah Enterprises, LLC v. Wunderlich (http://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2017/CV-16-0156-PR%20Opinion.pdf) wherein the Arizona Supreme Court ruled that homeowners pursuing claims based in implied warranty may now recover fees whether or not they are original parties to the contract. In 1984 Arizona recognized and defined a special implied warranty right which … Continue reading
In City of Phoenix v. Glenayre, Inc., et al. (Ariz. 2017) the Arizona Supreme Court recently held that Arizona’s statute of repose, A.R.S. § 12-552, applies to a governmental entity’s contract-based actions (including claims for indemnification) that fall within § 12-552(A), notwithstanding the “nullum tempus occurit regi” (time does not run against the king) common law doctrine codified at § … Continue reading
Recent developments in Arizona’s statutory scheme and case law limit a Plaintiff’s ability to recover attorney fees in residential construction defect cases.
New statutes and case law have changed the rules for when attorney fees may be awarded in Arizona residential construction defect cases. New developments are based on the changes to the Purchaser Dwelling Act that went into effect in 2015, and changes in the law from the Sullivan v. Pulte (aka Sullivan I) decision in 2012 and the Sirrah v. … Continue reading
Double AA Builders, Ltd. v. Preferred Contractors Insurance Company, LLC involved a general contractor’s attempt to obtain Additional Insured coverage from a subcontractor’s insurer for the cost of repair for the subcontractor’s faulty work. The general contractor settled claims brought against it by a property owner which was based on the improper installation of a built-up roof by the roofing … Continue reading
On January 5, Arizona’s highest Court rejected a petition to review the June 2015 Court of Appeals decision in the Sullivan v. Pulte case. Before this ruling, there was some question about whether negligence causes of action could be pursued by some homeowners in Arizona construction defect claims. The ruling confirmed that Arizona will not allow negligence claims for construction … Continue reading
Watch our Arizona Partner, Holly Davies, Stand up for Builders and Developers Under Arizona’s New Right to Repair Laws on the Local CBS Evening News!
See the full story here: http://www.kpho.com/story/30485800/homebuyer-beware-opponents-say-new-law-makes-it-harder-to-sue-construction-companies-over-defects
Sullivan v. Pulte Home Corp.: Arizona’s Court Of Appeals Rules That Subsequent Owners Cannot Bring Tort Claims Against Builders For Non-Injury Construction Defect Claims A new decision from the Arizona Court of Appeals has changed the rules on construction defect causes of action again. The decision in Sullivan v. Pulte Home Corp. (CA-CV 14-0199, App. Div. 1, July 28, 2015) … Continue reading
Arizona Clarifies Notice Requirements For Recovery On Statutory Payment Bonds Pursuant to the recent decision by the Arizona Court of Appeals in Cemex Construction Materials South v. Falcone Brothers & Associates, Inc., et al., No. 2 CA-CV 2014-0044 (2015), contractors and suppliers not in contract with the general contractor i.e. sub-subcontractors and suppliers, must now mail both twenty day … Continue reading
On July 3, 2015, Arizona’s new “Right to Repair” statute will take effect. Here’s a look at some of the important key differences between Arizona’s old Purchaser’s Dwelling Act (“PDA”) and the new “Right to Repair” statute, HB-2578. Notice and Right to Repair Process Under the current version of the PDA, a claimant must provide a written notice of claim … Continue reading
Big Changes May be Coming to Arizona’s Right to Repair Act! Builders in Arizona may soon have a right to repair alleged defects prior to suit as significant changes to Arizona’s Construction Defect Right to Repair Act may be imminent! On March 18, 2015 the Senate passed HB 2578 by a vote of 24-5. The bill now goes to the … Continue reading