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).
When is a contract legally binding? Typically, a document that includes an offer, acceptance, and appropriate consideration will be considered legally binding. In most cases, a contract is binding in Arizona even if the parties signed it in another state.
Specify governing law. Identify the working relationship. Clearly define the scope of work. Specify what benefits, if any, the contractor will receive. Assign intellectual property. Include confidentiality clauses. Include a termination clause.
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.
The qualifying party must possess at least four years of contracting experience and sit for two major trade examinations when applying for a general contractor license in Arizona. The state requires contractors to ace the AZ Statutes and Rules Training Course and Exam (SRE) and Trade exam in their specialty areas.
On private projects in Arizona, anyone who furnished “labor, materials, professional services, fixtures, or tools, in the construction, alteration, repair, or improvement of any building, or other structure pursuant to a contract with the owner, or with an agent of the owner” is entitled to file a mechanics lien.
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).