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
Tag: Arizona
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
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