Construction Law Forum In Arizona
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Every such contract requires: The name of the contractor, the contractor's business address and license number. The name and mailing address of the owner and the jobsite address or legal description. The date the parties entered into the contract.
A civil action against the contractor must be brought in a civil court of competent jurisdiction. The lawsuit must be filed with the court within two years from the date of the commission of the act by the contractor that is the cause of the injury or two years from the date of occupancy.
By its terms, the above choice-of-law clause only specifies the law that governs “construction” (that is, interpretation) of the contract itself. This provision will probably extend to all contract-based claims between the parties (although a better-drafted clause would make that clear).
These also vary by state. In California, the statute of repose is four years for most defects, but 10 years for latent defects (those that aren't observable right away, such as a faulty foundation). In Georgia, the statute of repose is eight years for all claims related to design or construction of the building.
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In Arizona, contractors are liable for their work for up to eight years from the project's completion date. The statute of limitations for filing a claim against a contractor in Arizona is two years from the discovery of the defect.
California's contractor warranty requirements, spanning from one to ten years, underscore a commitment to excellence and trust in the construction realm. These warranties protect homeowners from potential defects and elevate the standards by which contractors operate.
The primary cause of action used in residential construction defect cases is a breach of the implied warranty of habitability. This cause of action allows a homeowner to sue the builder or vendor for construction defects for up to eight years (nine years if the defect is found in the eighth year).
In Arizona there are several warranty periods that apply to construction projects: Express Warranties – usually a period of 1 or 2 years from completion. ROC Workmanship – 2 years from date of completion. Contract Claims – six years for breach of written contract.
Such as failure of architects or engineers in the design of a building or system. Flawed roof designs that result in water penetration, poor drainage or inadequate structural support are examples.
