Intellectual Property, Business Law, Personal Injury

CONSTRUCTION DEFECTS: IMPORTANT ARIZONA HOMEOWNER WARRANTY RIGHTS

By Kyle Israel of Israel & Gerity, PLLC posted in construction defects on Thursday, October 20, 2011.

As someone who has practiced construction law for nearly two decades, I routinely receive calls from homeowners who live in homes that are just over two years old where the builder refuses to fix shoddy construction also referred to as "construction defects".  Typically, the homeowner has contacted the builder, only to be told "we're sorry, your two-year warranty has run out."  Thankfully, not all homeowners stop there.

Arizona law imposes a homebuilder "implied" warranty that can not be shortened or waived.  It is six years from the date you discover the problem or eight years maximum.  There is also a ninth year if damage is discovered during the eighth year.

Keep the implied warranty in mind when deciding your rights concerning defective construction.  Definitely have a construction expert inspect your home before these deadlines run out.  We can arrange such an expert inspection in certain cases.

The six year period is known as the statue of limitations.  The eight year period is known as the statute of repose.  Keep in mind that these periods are not affected by either the homebuilder's written warranty or the Registrar of Contractor's shorter claims limitation period.

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