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Arizona Complaint Against Building Contractor for Failure to Complete Construction

Category:
Civil Actions - Complaints - Construction Contractors
State:
Multi-State
Control #:
US-01131BG
Format:
Word; 
Rich Text
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Description

The failure of a contracting party to substantially perform the terms and conditions of a construction contract entitles the other party to the contract to sue for damages resulting from the breach of the contract. The measure of damages in such cases is generally held to be the amount above the contract price that it costs the other party to complete the services in accordance with the terms of the contract.


This form is a generic complaint and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.
This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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  • Preview Complaint Against Building Contractor for Failure to Complete Construction
  • Preview Complaint Against Building Contractor for Failure to Complete Construction
  • Preview Complaint Against Building Contractor for Failure to Complete Construction

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FAQ

The easiest kind of contractor's license is a Class ?B? Contractor's License. This license allows you to do general contracting work. There are also licenses for specialty contracting work called a Class ?C? Contractor's License. These are for jobs like plumbing or electrical.

This could also lead to fines of up to $10,000 for each act of illegal contracting. AROC keeps a database of all licensed contractors in the state, and owners and GCs should refer to that database before hiring.

In some circumstances, the Recovery Fund is also available to lessees of residential real property and homeowners' or unit owners' associations as defined by A.R.S. § 32-1132(B). The Recovery Fund does not accept claims from suppliers, subcontractors, laborers or other commercial entities.

As stated above, Arizona requires a license for any project over $1,000.

Contracting without a license in violation of A.R.S. § 32-1151 is a class 1 misdemeanor (A.R.S. § 32-1164). All class 1 misdemeanors carry a maximum term of six months in the county jail and a maximum fine of $2,500 plus an 83% surcharge.

The Arizona Legislature established the Registrar of Contractors in 1931. The ROC licenses and regulates residential and commercial contractors. ROC staff investigate and work to resolve complaints against licensed contractors and unlicensed entities.

Generally, if labor and materials exceed $1,000 OR a permit is required (regardless of the price of labor and materials), then a license is required. Please read the Arizona Revised Statutes on "Persons not required to be licensed; penalties; applicability" ARS §32-1121.

It is common sense that a contractor must meet the terms of their contract for a project, but the implied warranty is not as well known. Express warranties are covered by the two-year statute of limitations in Arizona, but implied warranties are generally covered for up to six years after the issue or defect is found.

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