Saturday, September 25, 2021 10:54 pm

Homebuilder defect repair measure awaits enactment

Screen Shot 2015-03-23 at 9.55.44 AMBy Phil Riske | Managing Editor

A legal issue that has boiled in the Legislature since 2002 involving homeowner rights to repair construction defects appears to have been settled with the passage this month of House Bill 2578, which is on Gov. Ducey’s desk.

Spencer Kemp (photo), representing the Arizona Homeowners Association of Central Arizona, told the Senate Commerce and Workforce Development Committee earlier this month said the bill would “prevent massive lawsuits that exist today,” while retaining a homeowner’s right to sue.

The committee advanced the bill 7-0.

Homeowners have an eight-year window after construction to work with homebuilders to fix defects, or litigate the case.

The bill would strike the part of law that permits homeowners who win a lawsuit to also recover attorney fees.

Bill supporters said the measure is designed to protect homeowners while shielding builders from excessive litigation from law firms that specialize in construction defects.

Opponents said the measure would effectively shut off court action by homeowners with legitimate defects.

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