Construction Law And Contract In Pima

State:
Multi-State
County:
Pima
Control #:
US-00102BG
Format:
Word; 
PDF; 
Rich Text
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Description

The document serves as a comprehensive guide to construction law and contracts in Pima, detailing the essential components of building contracts, their enforceability, and potential legal disputes. It emphasizes the necessity for clear offer and acceptance, proper consideration, and mutual obligation among parties involved. The document outlines various categories of warranties, including express and implied warranties that protect homeowners against construction defects. It highlights the responsibilities of contractors and the consequences of breaches, including the ability to seek damages or specific performance. Additionally, the text discusses the significance of risk allocation within construction contracts and the implications of delay and payment clauses. For attorneys, partners, owners, associates, paralegals, and legal assistants, this document is invaluable as it delineates procedures for drafting, interpreting, and enforcing construction contracts, ensuring they remain compliant with specific legal standards and best practices in Pima.
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FAQ

Other type construction (commercial and industrial zones): Construction and repair work in commercial and industrial zones, not within five hundred (500) feet of a residential property, shall not begin prior to a.m. and must stop by p.m. or at such other times as authorized by permit.

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.

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.

That contract must include specific information about your rights and responsibilities. In addition, any changes made to that contract must be in writing, be legible, be easy to understand, and inform you of your rights to cancel or rescind the contract.

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.

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).

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.

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.

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Construction Law And Contract In Pima