Melissa Kenney | The Subrogation Strategist In Gallery Community Association v. K. Hovnanian at Gallery LLC, No. 1 CA-CV 23-0375, 2024 Ariz. App. Unpub. LEXIS 696 (Ct. App.), the Court of Appeals of Arizona (Court of Appeals) discussed whether a homeowners’ association can file an action for breach of the implied warranty of workmanship and habitability arising from… Continue reading Arizona Court Affirms Homeowners’ Association’s Right to Sue Over Construction Defects
Tag: Implied Warranty of Workmanship and Habitability
Arizona’s Implied Warranty of Workmanship and Habitability Cannot Be Disclaimed or Waived Under Any Circumstance
Jason Feld and Stephanie Wilson | Kahana Feld Arizona residential construction and single-family home production is growing at a rapid pace. And just as fast as the homes are sold, homeowners are constantly seeking warranty repairs from their homebuilders. Despite having strong purchase documents with express warranty language, the Arizona Supreme Court in Zambrano v. M… Continue reading Arizona’s Implied Warranty of Workmanship and Habitability Cannot Be Disclaimed or Waived Under Any Circumstance
The Unwavering Un-waivable Implied Warranty of Workmanship and Habitability in Arizona
Robert A. Henry and Emily R. Parker | Snell & Wilmer The Arizona Supreme Court recently issued an opinion on the scope of the implied warranty of workmanship and habitability (the “implied warranty”) in contracts between homebuyers and builder/vendors that provides clear guidance of the law in this area, specifically on the issue of whether… Continue reading The Unwavering Un-waivable Implied Warranty of Workmanship and Habitability in Arizona
Arizona Supreme Court Confirms Importance of Implied Warranties of Workmanship and Habitability
Creighton P. Dixon | Snell & Wilmer In late September 2022, Arizona’s Supreme Court issued a new opinion important for any person or company working in residential construction. The Court’s opinion in Zambrano v. M & RC II LLC, et al affirms the importance of the implied warranties of workmanship and habitability for new home construction. The… Continue reading Arizona Supreme Court Confirms Importance of Implied Warranties of Workmanship and Habitability
Would You Like the Implied Warranty? A Look at Disclaimers of the Home Construction Warranties
Mark W. Vyvyan | Fredrikson & Byron New homebuyers often discover imperfections in their newly-constructed homes. Some of these imperfections are construction defects and others are simply part of the construction process. Homeowners may assume they have warranty coverage against construction defects, but they have often signed documents disclaiming or limiting warranty coverage. In a… Continue reading Would You Like the Implied Warranty? A Look at Disclaimers of the Home Construction Warranties