A construction defect is generally a deficiency in the design or construction of a building due to the failure to design or construct the building in a reasonably workmanlike manner (the minimally acceptable industry standard), or according to the owner’s reasonable expectation.
In Arizona, a construction defect is recognized as a deficiency in the design, materials, or workmanship of a building or structure that fails to meet the reasonable standards of the construction industry or the expectations of the property owner. Arizona law, particularly under Arizona Revised Statutes (ARS) Title 12, Chapter 8, Article 2, provides specific guidelines for addressing construction defects. These statutes include the requirement for timely notice to the contractor or builder to allow for the opportunity to repair the defect before litigation can be initiated. The statutes of limitation and repose also play a crucial role in construction defect claims, limiting the time frame within which a lawsuit can be filed. The state's 'Purchaser Dwelling Act' (ARS § 12-1361 to § 12-1366) outlines the process for handling construction defect claims for residential properties, including mandatory settlement conferences. For commercial properties, while similar principles apply, the process may differ, and the specific contractual agreements between the parties will often dictate the resolution process. It is advisable for individuals dealing with potential construction defects to consult with an attorney to understand their rights and the appropriate steps to take under Arizona law.