Understanding Consumer Rights for Construction Defects in Arizona
Building your dream custom home or remodeling your family home is an exciting undertaking. It is understandable when people dive into the project without appreciation for risks involved. There’s no problem with being excited to get the project started. You just want to take the time to find the right licensed contractor in Arizona and make sure you understand your consumer rights for construction defects in Arizona.
Finding the Best Licensed Contractor or Builder in Arizona
Licensed contractors are regulated by the state of Arizona and they are required to publicly provide information concerning their license, background checks, experience, bonds, insurance and proof of their identity. To confirm that your contractor is licensed, the Arizona Registrar of Contractors (ROC) states that the only sure way to verify their status is through calling the Arizona ROC or by searching the contractor’s information through the Arizona ROC website.
The state of Arizona has a number of free resources to find the best licensed contractor for your particular project. We’ve already put together some of the best tools for finding the right licensed contractor in Arizona. This is a great place to start your search if you don’t have a trusted contractor.
What are Construction Defects in Arizona?
One theory of recovery that is available to homeowners is by proving the contractor was negligent. Liability may exist when a contractor fails to construct a home in a workmanlike manner which results in a personal injury to the homeowner or damage to the homeowner’s property. There are three main points for demonstrating a contractor’s negligence. The first is establishing there was a duty or process the contractor had to follow by law, like a city code. Then, it must be shown that the builder did not meet the standard or code. The final part is proving the builder was careless or reckless with the application of those standards, which resulted in the construction defect.
Arizona has a different legal process than most states for construction defects. All commercial and residential construction projects in the state are overseen by the Arizona Registrar of Contractors. The Arizona ROC has established minimum standards that require a “workmanlike manner” for all construction projects. Contractors and builders must meet those standards, as well as being mandated to abide by state/city laws and ordinances. Failure to meet any of these standards could be considered construction defects in Arizona.
Consumer Rights for Construction Defects in Arizona
First and foremost, consumers in Arizona should be aware of the appropriate statute of limitations for pursuing legal action for construction defects. The state has a six-year statute of limitations for actions to remedy a breach of contract (ARS § 12-548). However, there is a two-year statute of limitations for negligence (ARS § 12-542). This generally means legal action for construction defects will need to be filed within the two-year statute of limitations.
Arizona has separate established law for new builds. A homeowner has eight years from the completion of their home to pursue legal action against the builder (ARS § 12-552(A)). If the defect is found in the eighth year, then they have an additional year to file a lawsuit (ARS § 12-552(E)).
Experienced Construction Defect Lawyers in Arizona
MacQueen & Gottlieb has significant experience with representing clients involved in complicated property and construction disputes. Our Arizona construction defect lawyers are prepared to vigorously represent your legal interests in any case involving construction defects and consumer rights in Arizona. Contact us today at 602-533-2840 or make an appointment online.