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VIDEO: Construction Defect Law

VIDEO: Construction Defect Law

Cracks in your foundation, a leaking roof, water damaged walls, among other issues can all indicate the presence of serious defects in a home’s construction.  Fortunately, the law holds builders and contractors accountable to their customers, and in many cases, requires them to repair or pay for repairs to the home.

Homeowners affected by construction defects have a number of options at their disposal.  First, they can seek help from the Arizona Registrar of Contractors.  The Registrar may require the builder or contractor repair the issue, and if that process fails to address the problem, there is an administrate process available, wherein the affected owner can obtain monetary damages. If this process proves insufficient to fix the problem, the homeowner can utilize a second option, which is to sue the builder or contractor in Superior Court. The civil lawsuit path has a number of important and complex considerations. More information about this option can be found at: https://www.plattwestby.com/defective-workmanship-by-builders-and-contractors-the-consumer-s/ along with references to that statutes that govern these claims.

In Arizona, construction defect law is a continually changing.  In 2015, Governor Ducey signed into law a bill that made it more difficult for owners of homes with defects to sue the builder (HB2578).   Another bill was introduced in the Arizona House of Representatives in 2018 (HB2507), which would put up further obstacles to recovering fees spent, when suing a builder or contractor for shoddy construction. Most recently, Ducey signed into law SB1271, which creates a committee that will determine how liability should be apportioned amongst the parties, who are involved in a construction defect case.  The report issued from this committee, which is due in December, may affect the strategic position of homeowners that are hoping to obtain compensation for defects in their property.  The attorneys at Platt & Westby can help you understand your options and navigate your claim, through this ever-changing area of law.

This post is by no means meant to cover everything. If you have become aware of a defect in the construction of your home or a problem after a remodeling project, it’s always best to have an experience lawyer examine your case and advise you of your options. As stated above, a simple consultation could save you a tremendous amount of time and money. Platt & Westby, P.C. has offices in Phoenix, Arrowhead, Avondale, Scottsdale, North Scottsdale and Mesa Arizona.  Contact our office by calling 602-277-4441 or use the contact form below to schedule a consultation with one of our experienced real estate attorneys.

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