Articles Posted in Arizona Supreme Court

by
Because the warranty of workmanship and habitability is imputed into every residential construction contract, it is a term of the contract, and therefore, the successful party on a claim for breach of the warranty qualifies for an attorney-fee award under a controlling contractual fee provision or, barring that, Ariz. Rev. Stat. 12-341.01. Defendants contracted with Plaintiff to build a basement at their home. Defendants refused to pay to the full contract amount after the work was completed, and Plaintiff sued for the unpaid contract amount. Defendants counterclaimed for breach of the implied warranty of workmanship and habitability. The jury found in Defendants’ favor on their claim for breach of the implied warranty. The trial court awarded Defendants attorney fees pursuant to a contractual fee provision and section 12-341.01. The Supreme Court affirmed the trial court’s judgment, holding that the implied warranty was a term of the contract, and as the successful party in the claim to enforce the warranty, Defendants were entitled to their reasonable attorney fees. View "Sirrah Enterprises, LLC v. Wunderlich" on Justia Law

by
In this lawsuit, one of several suits alleging construction defects in homes located in a Shea Homes planned community, plaintiffs Albert Albano and other homeowners appealed to the circuit court from the district court's summary judgment dismissing their construction-defect claims against Shea Homes as barred by Arizona's statute of repose. The plaintiffs were three homeowners not allowed to join a previous putative class action against Shea Homes. On appeal, plaintiffs contended that the district court erred in failing to apply American Pipe v. Utah, which tolls the applicable statute of limitations for non-named class members until class certification is denied, to the period between the filing of the previous putative class action lawsuit and the denial of class certification. The Supreme Court accepted jurisdiction to answer the certified question of whether the American Pipe tolling rule would also apply to a statute of repose. The Court held that the class-action tolling doctrine does not apply to statutes of repose, and more specifically, to the statute of repose for construction defects. View "Albano v. Shea Homes Ltd." on Justia Law