Johnathan Ebertshauser | CHBD Law When community associations engage a contractor to perform construction within the development, the contract between the association and the vendor will often reference the contractor’s right to record a lien against the association’s property. This is generally referred to as a “Mechanic’s Lien” and is governed by A.R.S. § 33-981 et seq. The Mechanic’s Lien gives… Continue reading Contracting For Community Associations: Mechanic’s Liens
Tag: Arizona
Arizona Court Affirms Homeowners’ Association’s Right to Sue Over Construction Defects
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
Coverage Construction: Arizona Supreme Court’s Osborn III Opinion
Creighton Dixon, Jeffrey Porter and Lynsie Zona | Snell & Wilmer In Fidelity National v. Osborn III Partners LLC, the Arizona Supreme Court recently decided the question of whether mechanics’ liens filed by a general contractor are a construction lender’s “own darn fault” if the liens result in part from the lender discontinuing advances of loan… Continue reading Coverage Construction: Arizona Supreme Court’s Osborn III Opinion
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