New Arizona Construction Defects Law Favors Home Builders

A new Arizona law may present more challenges for homeowners who wish to file construction defects lawsuits against home builders. Arizona Governor Doug Ducey signed a law that would prevent attorneys and expert witnesses in construction defects cases from having their fees covered in a jury verdict. The new law also gives the home builder the right to make repairs before the buyer can file a lawsuit. Previous versions of the law allowed home builders the opportunity to fix the damage, but not the right to do so prior to being sued.

Construction Defects Lawsuit Prompts Change

A group of 460 homeowners filed a construction defects lawsuit against Del Webb Communities, Inc., in 2008. After nearly seven years, the homeowners won a $13.6 million judgment in their construction defects lawsuit. Nearly $6 million of the $13.6 million was set aside for attorney’s fees and compensation for expert witnesses. Under the new law, the homeowners would have only have received $2 million, which would have been just over one-quarter of what they received under the previous law.

Home Builders Lobbied For Construction Defects Law

The Home Builders Association of Central Arizona lobbied to have the bill passed. The group stated that its goal was to reduce the number of “frivolous” construction defects lawsuits targeting their members. Spencer Kamps, the group’s vice president of legislative affairs, claimed that the new construction defects law strengthens a similar law passed the state passed years ago. He cites the increased activities of California law firms, rather than a decline in the quality of home construction, as the reason for the law.

Construction Defects Law Hampers Homeowners

An attorney who represents homeowners in construction defects cases said that the new law will present “an enormous problem” for homeowners. William Shore told local reporters that the expense involved in retaining attorneys and hiring expert witnesses could prevent homeowners from receiving the funds they need for home repairs from a jury verdict. Mr. Shore called the new construction defects law “very complicated litigation” and stated that the “vast majority” of the state’s homeowners “have no idea” how this law will effect future cases.

Source: KJZZ-FM

Get Answers For Your Construction Defects Lawsuit Questions

To find out how we can answer your questions about how a homebuilder’s construction defects can affect your case, contact one of our attorneys today. Our intake team will take down the details of your case and quickly connect you to an attorney who understands how to get the most from your construction defects lawsuit. You can also fill out the “Free Case Evaluation” form at the top of this page.