With historic low housing inventory and many new people moving to the state, many potential home buyers are looking at buying the first reasonable house available to them and exploring remodel options. This can be a daunting task considering many are not familiar with Arizona workmanship standards or construction defect laws. On top of that, many sought after contractors have projects lined up for months or more before they can quote out any new projects. This means many people move forward with the first available contractor, even if they don’t know anyone that has worked with them before. As a result, it’s important to learn about your consumer rights and when a contractor fails to meet workmanship standards in Arizona. Here is what you want to know when dealing with contractors and construction defects if they arise.
What is the Arizona Registrar of Contractors?
The Arizona Registrar of Contractors (AROC) is the Arizona State licensing board for all contractors in Arizona and sets and monitors the workmanship standards for all residential construction. If you have any contractor issues or construction defects on a new build or remodel, you will need to file a claim with the AROC within two years of the completion of the construction work, occupancy or close of escrow on a new build – whichever event occurs earliest. If you are considering a remodel or construction project for the first time and do not have a trusted contractor for the work, the AROC also has a contractor search tool to make sure you are working with a licensed contractor with a history of solid work. Go here for more information. Before You Hire A Contractor | Arizona Registrar of Contractors (az.gov)
Arizona Workmanship Standards
All residential construction work in Arizona includes an implied warranty that the work will meet workmanship standards. This area of law has substantial case history in Arizona and lays out the standards for any residential construction project. This means the work of a licensed contractor must meet these standards even if the contract did not explicitly detail all of the standards. The AROC maintains standards, for instance, that materials used on the project must be new, unless the contract specifically allows for used materials, and everything must be good quality.
The AROC essentially defines workmanship standards as all work must be performed in a skilled manner as a skilled workman would perform it. Keep in mind, this definition is a bit ambiguous and leaves some room for interpretation concerning each trade. That is why it is especially important to review any potential construction defects or contractor issues with an experienced real estate attorney in Arizona. RSN attorneys can help review and detail any construction work performed on your home to see if there is a reasonable claim of not meeting workmanship standards.
Contracts for Construction Work in Arizona
At times, unscrupulous Contractors may look to limit the express warranties for their work and try to remove and/or limit how long they can be held responsible. This does not change the two year statute of limitations for workmanship standards and the other important statutes of limitation in concerns to construction defects (8 years, unless the defect is discovered in the 9th year). It is important to understand that you should review any construction contract with an experienced Arizona construction defect attorney to make sure that it provides reasonable details of what the contractor will be responsible for, how much room there is for cost fluctuations, and the timelines they will be held to.
Contractor Right to Cure Construction Defects – A.R.S. §12-1363
Arizona law requires an aggrieved homeowner provide the contractor adequate notification of any construction defects and given reasonable opportunity to cure the breach. This statute is known as the “Right to Repair” law and makes clear the importance of handling any contractor issues or construction defects with the correct process to cure any alleged construction defect. You must make sure you have given the contractor written notice of the breach and allowed them an opportunity to fix the issues before proceeding with a claim of construction defect. The statute is very specific and a homeowner may lose their right to sue the contractor if the process is not accurately followed. Our firm can handle every step of the process to make sure you are compliant with the law and the repairs bring the work up to workmanship standards. If the contractor will not repair the construction issues, our lawyers are experienced construction attorneys who routinely litigate such claims before the AROC and Superior Courts.
Arizona Attorney for Construction Defects and Contractor Issues
Since there is room for interpretation of workmanship standards and a detailed process required by Arizona law to bring claims for construction defects against contractors, it is especially important to work with an experienced Arizona attorney to advise you on your rights concerning certain construction defects and contractor issues. RSN attorneys have decades of experience with a variety of contractor issues and construction defects. Our firm can help review your construction project and assess the potential avenues for resolution. Contact us today at 480-712-0035 to schedule a consultation or make an appointment on our contact us page.
RSN Law intends this article to be for informational purposes, not to be relief on a specific legal matter, and does not create an attorney-client relationship.