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
Tag: Arizona
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
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?
Can Unapproved Change Orders Form the Basis for a Lawful Mechanics’ Lien Encumbering the Project?
Richard Erickson and Amanda Weaver | Snell & Wilmer | July 15, 2019 Contractors and suppliers are sometimes challenged to secure a claim for past due payment with a lien on the project, all subject to lien laws that vary throughout the United States. In Arizona, as in most states, the contractor must have a… Continue reading Can Unapproved Change Orders Form the Basis for a Lawful Mechanics’ Lien Encumbering the Project?
Arizona Legislature Makes Significant Revisions to Shape of Construction Defect Claims
John Gregory | Jones, Skelton & Hochuli | April 18, 2019 On April 10, 2019, Governor Doug Ducey signed SB 1271 into law. The product of over two years of lobbying and interest group meetings, this bill makes significant changes to the existing the laws relating to residential construction in myriad ways. REVERSING AMBERWOOD – PROPORTIONAL LIABILITY… Continue reading Arizona Legislature Makes Significant Revisions to Shape of Construction Defect Claims