This article is provided for general informational purposes only and does not constitute legal advice. Reading it does not create an attorney–client relationship. Because laws and interpretations change over time, you should consult qualified legal counsel about your specific situation before taking any action.
Understanding Arizona’s Construction Defect Framework
Arizona’s rapid construction growth has created both opportunity and new challenges. As developments rise throughout Phoenix, Tucson, and other fast-growing areas, more property owners are encountering structural issues, water intrusion, and workmanship defects.
Filing a construction defect claim can be complex, and timing is critical. Under A.R.S. § 12-552, most construction-related claims must be brought within eight years after substantial completion of the improvement. In limited circumstances, a claim involving a latent defect discovered in the eighth year may be filed within one additional year, for a maximum of nine years total.
In addition, Arizona’s Notice and Opportunity to Repair statutes (A.R.S. § 12-1361 et seq.) require homeowners to give builders written notice and a chance to inspect or repair before filing suit. Understanding these rules, and how they apply to your property, is essential for homeowners, buyers, and associations seeking to protect their investments.
Current Legal Framework in Arizona
Under A.R.S. § 12-552, Arizona law establishes an eight-year statute of repose for most contract-based claims arising from design, engineering, or construction contracts. The period is measured from the date of “substantial completion”—generally when a structure can be safely occupied or used for its intended purpose, often tied to a certificate of occupancy.
If a latent defect or related property damage is discovered during the eighth year, the law allows an additional one-year period to bring a claim. However, no claim may be filed more than nine years after substantial completion.
Separate statutes of limitations apply to specific legal theories such as negligence, breach of contract, or warranty, so determining which deadlines apply can be highly fact-dependent.
For residential properties, Arizona’s Notice and Opportunity to Repair process (A.R.S. § 12-1363) requires homeowners to formally notify the builder of alleged defects and allow inspection before filing suit. This step can temporarily pause certain deadlines, but failure to follow the procedure can jeopardize the claim.
Arizona law also recognizes implied warranties of workmanship and habitability, providing additional protection to homeowners even when the construction contract does not include an express warranty. Understanding how these warranties interact with contract terms and statutory time limits is a nuanced legal question that typically requires guidance from experienced counsel.
How Construction Defect Claims Are Typically Handled
Because these cases involve technical construction standards, strict statutory deadlines, and multiple potentially liable parties, property owners rarely benefit from handling them alone. A construction defect attorney can evaluate the facts, preserve evidence, and navigate pre-litigation procedures to avoid costly missteps.
Below is a general overview of how claims are commonly addressed, not a step-by-step guide for self-filing:
- Investigation and Documentation: An attorney coordinates inspections, engages qualified engineers or construction experts, and gathers photos, repair invoices, and communications to establish the defect’s cause and scope.
- Pre-Litigation Notice: Legal counsel prepares and serves the required written notice to the builder under Arizona’s right-to-repair statutes, ensuring all statutory deadlines are tolled appropriately.
- Contract and Warranty Analysis: Your lawyer reviews purchase agreements, builder warranties, and insurance policies to determine the responsible parties and available coverage.
- Timing and Filing Strategy: Counsel ensures the claim is filed within the applicable repose and limitation periods. Waiting too long, even when a defect appears late, can forfeit recovery rights.
- Association and Condominium Considerations: Condominium and HOA claims often require board authorization or member approval before pursuing legal action. Your attorney can ensure compliance with governing documents and statutory notice requirements.
- Resolution and Recovery: Many cases resolve through negotiation, mediation, or arbitration before trial. Skilled construction defect counsel can leverage expert findings to reach a fair settlement or, if necessary, litigate to verdict.
Why Legal Representation Is Essential
Construction defect law combines technical construction issues with complex statutory requirements. Missing a notice deadline or filing in the wrong forum can completely bar recovery. Working with experienced Arizona construction defect attorneys ensures that your rights are preserved, deadlines are met, and the full scope of damages is pursued, whether through repair, settlement, or litigation.
2025 Legislative and Trend Developments to Watch
Early 2025 saw several legislative proposals that could significantly affect Arizona construction defect claims. Some measures proposed reducing the statute of repose for certain types of construction and adding procedural steps for condominium and homeowners’ association cases.
While none of these proposals have become law, they reflect a growing legislative interest in tightening timelines and increasing procedural requirements for defect claims. Many Arizona construction attorneys anticipate renewed debate on these issues in upcoming sessions.
The takeaway for property owners and associations is clear: act promptly and avoid assuming that current filing periods or extensions will remain unchanged. Waiting to “see what happens” with potential legislative changes can lead to missed deadlines and forfeited rights.
Outside the legislature, Arizona continues to see a rise in alternative dispute resolution (ADR) in defect matters. Mediation and arbitration are increasingly favored to control costs and expedite resolutions. At the same time, increasing construction costs, limited materials, and ongoing labor shortages are making it harder to maintain quality on job sites. These pressures are expected to keep defect-related lawsuits in play well into 2026 and possibly longer.
Key Mistakes to Avoid in Construction Defect Claims
Even valid construction defect claims can be undermined by procedural errors or lack of early legal guidance. Below are common mistakes and recommended best practices to help protect your investment.
Frequent Mistakes
- Waiting too long to consult an attorney.
- Skipping the right-to-repair process or sending incomplete notice.
- Making repairs before properly documenting evidence of the defect.
- For associations: failing to follow voting and notice requirements before pursuing a claim.
Best Practices
- Maintain detailed maintenance, inspection, and repair records from day one.
- Engage a qualified engineer or construction expert early to assess cause and damages.
- Review contracts and governing documents for dispute resolution clauses and notice provisions.
- Consult legal counsel well before deadlines to preserve all rights under the statute of repose.
- Document evidence thoroughly before making any repairs or alterations.
- Coordinate with insurance carriers regarding coverage and defense obligations.
Working with experienced Arizona construction defect attorneys helps ensure compliance with statutory procedures, preserves critical evidence, and maximizes recovery opportunities through negotiation or litigation.
Next Steps for Construction Issues
If you suspect a construction defect in your home, condominium, or association property, time is a critical factor. Our attorneys at Gottlieb Law represent homeowners, HOAs, and commercial property owners throughout Arizona in defect, warranty, and construction disputes.
Why Work with an Experienced Construction Defect Attorney
Construction defect matters are inherently complex. They often involve multiple parties, technical building issues, and strict statutory deadlines that vary based on contract terms, claim type, and the timing of discovery.
An experienced Arizona construction defect attorney can help:
- Evaluate potential claims and identify responsible parties.
- Navigate the Notice and Opportunity to Repair process under A.R.S. § 12-1363.
- Analyze timing issues under both statutes of limitation and repose.
- Develop and execute a tailored resolution strategy—whether through repair negotiations, mediation, arbitration, or litigation.
For HOAs and condominium boards, legal counsel ensures compliance with voting and notice obligations before any action is filed. For builders and developers, defense counsel coordinates expert evaluations, manages insurance coverage issues, and pursues efficient resolution through alternative dispute processes.
Having knowledgeable counsel involved early helps avoid costly procedural errors, preserve evidence, and maintain compliance with Arizona’s evolving construction defect framework.
Arizona’s current law continues to center on an eight-year statute of repose under A.R.S. § 12-552, with a limited nine-year extension for certain latent defects discovered near the end of that period. Although proposed legislation has not yet changed these rules, it suggests a possible future shift toward shorter filing windows and tighter procedural requirements.
Until any changes are enacted, homeowners, buyers, and associations should treat existing deadlines as firm limits and act promptly if defects appear.
Ready to Speak with an Arizona Construction Defect Attorney?
If you’ve spotted issues with your home, building, or community, it’s important to act quickly. The legal deadline to file a construction defect claim may already be counting down, even if the damage seems minor at first.
Contact the team at Gottlieb Law, PLC to review your situation, confirm applicable deadlines, and discuss the most effective strategy to protect your property and your rights.
Call Gottlieb Law today at 602-899-8188 or use our Contact Us page here to schedule your initial consultation.
This article is provided for general informational purposes only and does not constitute legal advice. Reading it does not create an attorney–client relationship. Because laws and interpretations change over time, you should consult qualified legal counsel about your specific situation before taking any action.