This form is a Complaint. Plaintiffs allege that defendants are liable for damages for breach of an implied warranty of merchantability. Plaintiffs demand compensatory damages and punitive damages from the defendants, plus prejudgment interest.
Arizona Complaint for Defective Home Construction, Defective Design
State:
Multi-State
Control #:
US-CMP-10002
Format:
Word;
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FAQ
In the traditional form of building contract, the principal will engage professional designers (ie architects and engineers) to carry out the design work specified in the building contract.
As a general rule, if the owner hired whoever drafted the construction plans, or if whoever drafted the faulty plans is an employee or agent of the owner, it is the owner who will be liable for defective plans.
Architect-engineer contractors shall be responsible for the professional quality, technical accuracy, and coordination of all services required under their contracts. A firm may be liable for Government costs resulting from errors or deficiencies in designs furnished under its contract.
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 ...
Construction defects include improperly designed materials, poor workmanship, and failure to follow construction codes. Any deficiency in a building project can be considered a construction defect, including: Defective architectural designs. Lack of planning or supervision.
True, architects and engineers have been found liable for simple omissions. But don't expect either to cover the cost of ambiguity in the plans. The cost of fixing what's broken usually falls on contractors and subs. It's a risk inherent in the construction process.
Suffice it to say that as of this point in time, there appears to be no California cases which place a burden or responsibility on the contractor to discover errors in the plans and specifications beyond those which are either known to him or those which a reasonably prudent contractor/bidder should have known.
The process is pretty simple: Go to this link or hit the My Account link from the navigation bar above. Login or Register for a new account in our online portal. ... Once you've registered and logged in, you will see a large blue "File a Complaint" button on the Dashboard page.
