In Arizona, it is particularly difficult to bring a claim of negligence against a developer unless the construction defects at issue have directly led to the damage of personal property or a personal injury.
Normally, the Economic Loss rule bans the recovery of economic damages in construction defect cases through tort claims, but allows such recovery through contract claims. In short, in construction defect cases, recovery is best sought through a suit over a breach of contract, express warranty, and/or implied warranty, rather than through a negligence claim.
Additionally, a claim charging negligence per se stems from a suspected violation of building codes or statute.
If a construction defect in your new home has injured a loved one, call a Burg Simpson Phoenix construction attorney right away at 602-777-7000 or complete a Free Case Evaluation form HERE.
The economic loss rule prevents recovery for economic losses suffered through negligence when the breached duty is part of a contract and the harm suffered is simply the failure of the contract itself. Economic losses are classified as damages other than a physical injury to a person or physical property (such as lost profits or investment returns), although courts have applied the economic loss rule to the cost of repair and replacement of property at the heart of the contract.
Arizona, along with several other states, has adopted a form of the economic loss rule in construction defect cases. Each jurisdiction’s interpretation must be examined carefully to determine the extent of its applicability to the aggrieved homeowner’s situation.
It is also possible that the parties’ contracts might severely limit the property owner’s recoverable damages. This involves an exhaustive analysis of the contracts involved and their potential impact on the claims that can be pursued. It is worth noting, however, that even if you are not the original homebuyer, you may still be able to sue if you later uncover construction defects.
The economic loss rule, along with a host of other potential contractual limitations are just a couple of examples of the intricate, fact-specific issues that have to be addressed at the outset of every construction defects case. The construction contract lawyers at Burg Simpson in Phoenix have decades of experience with construction defects litigation. If you have discovered issues with your home that have damaged its value or injured you or a loved one, contact a Phoenix construction attorney at Burg Simpson Arizona as soon as possible by calling 602-777-7000.
Get Help From a Phoenix Construction Law Attorney
Arizona law only allows homeowners two years to sue a developer or builder for negligence or negligence per se, so time is of the essence. If you wait too long to talk to a construction law attorney, it can cost you. Call Burg Simpson at 602-777-7000 or complete our Free Case Evaluation form right now.