In a decision filed December 4, 2012, the Arizona Court of Appeals ruled that Arizona's construction statute of repose, A.R.S. § 12-552, barred the Plaintiff's claims form breach of the implied warranty of workmanship and habitability, which is often the primary theory of recovery in Arizona construction defect claims.
The Plaintiffs in the case, Sullivan v. Pulte Home Corporation, had attempted to argue that the statute either did not apply to implied warranty claims, that the statute was unconstitutional, or that the statutory period should be tolled. The Court of Appeals disagreed with all of these arguments and dismissed the Plaintiffs' claims.
This case is a classic illustration of why claims, including construction defect claims should be pursued as soon as possible. If you've got an issue with your home, you should schedule a consultation with a construction defect lawyer as soon as possible.