Public Policy Prevails: Homebuilders and Homebuyers Cannot Agree to Disclaim Implied Warranty of Habitability in Arizona

Ryan Bennett | The Subrogation Strategist In Zambrano v. M & RC II LLC, et al., 2022 Ariz. LEXIS 309, the Supreme Court of Arizona held that a homebuilder and homebuyer could not waive or disclaim the implied warranty of workmanship and habitability. While the court would normally enforce a contract between two parties – even… Continue reading Public Policy Prevails: Homebuilders and Homebuyers Cannot Agree to Disclaim Implied Warranty of 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

An Inadequate Investigation Exposes Arizona Insurers to Bad Faith Only If the Insured Proves Additional Investigation Would Have Favored the Insured

Nathan Meyer | Jaburg Wilk Plaintiffs often allege an insurer breached the duty of good faith and fair dealing by conducting an unreasonable and/or an inadequate investigation. But, Arizona courts have held for over 30 years that an insurer’s unreasonable investigation can be the basis of bad faith liability only if a reasonable investigation would… Continue reading An Inadequate Investigation Exposes Arizona Insurers to Bad Faith Only If the Insured Proves Additional Investigation Would Have Favored the Insured

Qualifying Party Liability Exposure Clarified for Arizona Contractors

Garrett Olexa | Jennings, Strouss & Salmon To obtain a new contractor’s license, each contractor needs a “qualifying party.”  A qualifying party is a person who is a regularly employed person with the necessary experience and knowledge required under A.R.S. § 32-1122(E).  If the qualifying party later ceases to be connected with the licensee, a… Continue reading Qualifying Party Liability Exposure Clarified for Arizona Contractors

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