Law For Construction In Arizona

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Multi-State
Control #:
US-00102BG
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Word; 
PDF; 
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Description

The document outlines the Law for construction in Arizona, emphasizing the importance of clear and precise construction contracts. It details the necessary components such as offer and acceptance, liability obligations, and the significance of both expressed and implied warranties. Filling out the construction contract involves completing specific sections regarding duties, payment terms, and remedies for breach. This form is beneficial for attorneys, partners, owners, associates, paralegals, and legal assistants as they navigate the complexities of construction law, enabling them to create legally binding agreements that protect their interests and ensure compliance. The document highlights the rising challenges of construction defects and the various legal actions that can be taken in case of non-performance, ensuring professionals are well-informed of their rights and obligations under Arizona law. Any individual or entity involved in construction should pay careful attention to the document's guidelines to mitigate risks associated with construction contracts.
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  • Preview Contracting and Construction Law Handbook
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FAQ

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.

All contractors are required to be licensed through the State of Arizona, unless work falls under the Handyman Exemption A.R.S. Sec. 32-1121A.

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.

Construction Law and the 'Right to Cure' Statute of Limitations California 4 years for contracts 2 years for personal injury 3 years for property damage Colorado 3 years for contracts 2 years for torts Connecticut 6 years for contracts 3 years for torts 2 years for negligence Delaware 3 years for contracts 2 years for torts47 more rows

When plaintiffs allege construction defect claims, they often claim that the contract between the builder and the purchaser has been breached. The breach of contract action may be maintained in Arizona subject to an 8-year statute of repose. A.R.S. § 12-552.

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).

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.

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 standard rules of construction are: The plain meaning of the language will be used, unless there are special terms that apply to the subject matter of the contract. This means that the most common and prevailing meaning is applied to the words in the contract.

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Law For Construction In Arizona