Andrew Alvarado and Todd Baxter | Dickinson Wright To protect homebuyers, Arizona law provides for certain warranties to be included in every contract. The most significant of those warranties, the implied warranty of workmanship and habitability, requires builders to construct homes following industry standards to ensure they are free from defects and fit for habitation. … Continue reading Builders Beware: The Implied Warranty of Workmanship and Habitability Is Set in Stone
Tag: Implied Warranty of Workmanship and Habitability
Can a Home Builder Disclaim Implied Warranties of Workmanship and Habitability?
Kevin J. Parker | Snell & Wilmer In a recent Arizona Court of Appeals case, Zambrano v. M & RC II LLC, 2021 WL 3204491 (7/29/2021), the Court of Appeals addressed the question whether a home builder’s attempt to disclaim implied warranties of workmanship and habitability was effective. In that case, the buyer initialed the builder’s prominent… Continue reading Can a Home Builder Disclaim Implied Warranties of Workmanship and Habitability?
Homeowners Who Purchase Directly from Homebuilders May Seek Recovery of Attorneys’ Fees on Claims for Breach of the Implied Warranty of Workmanship and Habitability
Todd A. Baxter | Dickinson Wright Three things have long been settled law in Arizona regarding residential construction: (1) a homebuilder owes a homeowner an implied warranty of workmanship and habitability with regard to the construction of the home; (2) the implied warranty arises, not from the contract for construction, but from the actual construction… Continue reading Homeowners Who Purchase Directly from Homebuilders May Seek Recovery of Attorneys’ Fees on Claims for Breach of the Implied Warranty of Workmanship and Habitability