The theory on which a plaintiff may recover damages from a contractor for the latter's failure to construct a building in a workmanlike manner is that a party is entitled to have what was contracted for or its equivalent. If the defective work is remediable, the measure of damages is generally the cost of correcting the defect, but if the structure must be substantially rebuilt to conform to the contract, the measure of damages is generally the difference in value between what ought to have been done in the performance of the contract and what has in fact been done.
Arizona Complaint Against Builder for Costs of Repairs Made and to be Made to House Not Constructed in Workmanlike Manner
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How to fill out Complaint Against Builder For Costs Of Repairs Made And To Be Made To House Not Constructed In Workmanlike Manner?
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Under Arizona's Purchaser Dwelling Act (PDA), a purchaser of a residence is barred from filing a construction defect lawsuit until the purchaser gives the seller ? including residential contractors ? reasonable notice of the alleged defects and an opportunity to cure them.
All Construction Work in Arizona Has an Implied Warranty This means that a contractor cannot avoid their responsibility to complete their work up to these standards by putting language in a contract that relieves this duty to their customers.
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.
(a) A violation of construction codes applicable to the construction of the dwelling. (b) The use of defective materials, products, components or equipment in the design, construction, manufacture, repair, alteration, remodeling or landscaping of the dwelling.
Arizona also has laws specifically for new builds that allows homeowners to pursue claims for any defects in the new build for up to 8 years. There is even an additional year if the defect is not found until the eighth year after the homeowner takes possession of the home.
The statute of repose expressly states that in no event can a claim based in contract be brought more than nine years after substantial completion, because Arizona's statute of repose contains very little grace period up to one year, which applies only in the event that the latent defect is discovered during the eighth ...
