Construction Defect Claims and the Purchaser Dwelling Act in Arizona
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Understand the recent changes in the Purchaser Dwelling Act and the implications these changes have for you.Arizona law imposes various pre-litigation notice and inspection requirements on homeowners and homeowners' associations before they can file a lawsuit alleging defective construction. In short, the provisions of the purchaser dwelling act contain the "rules" that must be followed in order to bring a construction defect claim against a homebuilder or other construction professional. Learn about the recent statutory changes to the purchaser dwelling act and the implications for homeowners and construction professionals as a result of the changes. Discuss common theories of liability regarding construction defect claims, how to bring a claim for defective construction and the applicable limitations periods. Construction professionals, including builders, developers, and subcontractors, and homeowners alike will benefit from this information.
AuthorsRyan Konsdorf, Snell & Wilmer L.L.P. Brett Rufer, Snell & Wlmer L.L.P.
Theories of Construction Defect Liability Claims and Limitations Periods
• Breach of Contract
• Breach of Express Warranty
• Breach of Implied Warranty
• Negligence Claims (Sullivan v. Pulte)
Arizona Purchaser Dwelling Act
• What Is It?
• Who Does It Apply to?
• When Does It Apply?
Implications of Recent Amendments to the Purchaser Dwelling Act
• What Does Right to Repair Mean?
• Can a Homeowner Recover Attorney's Fees?
• How Does This Impact Homeowners' Association Claims?