Construction Defect Rights in Arizona: What to Know

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As a home inspection company based in Gilbert, AZ, Checklist Inspections wants to remind homeowners that it’s important to take the time to find the right licensed contractor for their project. Licensed contractors in Arizona are regulated by the state, and homeowners can confirm their contractor’s license by calling the Arizona Registrar of Contractors or by searching the contractor’s information through the Arizona ROC website. The state of Arizona offers a number of free resources to help homeowners find the best licensed contractor for their project, so this is a great place to start your search if you don’t have a trusted contractor.

Arizona Construction Defects

As a homeowner, you may be able to recover from your contractor if they were negligent in constructing your home. This could involve proving that the contractor did not meet certain standards or codes, that they were careless or reckless in applying these standards, and that this caused damage or injury to you. In Arizona, all commercial and residential construction projects are overseen by the Arizona Registrar of Contractors, who has established minimum standards that must be met by all builders. If your contractor fails to meet any of these standards, it could be considered a construction defect.

Consumer Rights For Construction Defects In Arizona

First and foremost, Arizona homeowners should be aware of the appropriate statute of limitations for pursuing legal action for construction defects. In Arizona, there is a six-year statute of limitations for actions to remedy a breach of contract (ARS § 12-548), but 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.

There are separate established laws in Arizona 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)), but if the defect is found in the eighth year, they have an additional year to file a lawsuit (ARS § 12-552(E)).

If you have any questions, give us a call! We would be happy to help.

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