How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Roger Your Own Question
Roger
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31516
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
6704987
Type Your Real Estate Law Question Here...
Roger is online now
A new question is answered every 9 seconds

My folks had a frame and stucco home built 18 years ago. My

Customer Question

My folks had a frame and stucco home built 18 years ago. My father has passed away and my mother has been moved to an assessed living facility. In the process of preparing their home for sale we had an huge rain storm a couple weeks back (Tucson, Az.). Water was noticed at the baseboards under a number of windows. Cutting through the interior dry wall it was found the window flashing was behind the tar paper (providing a direct path for water into the home. Multiple walls under windows were opened, all revealed the same obvious construction defect. The builder was contacted, they looked at the flashing/tar paper arrangement and agreed it was wrong, BUT, said they have no liability because it's been 18 years. Is it true the builder (who agreed the window install was incorrect) has no liability? Is it true I, the home owner, has absolutely no legal recourse against the builder?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'm a construction litigation attorney. I'll be glad to assist.

Unfortunately, what the contractor has told you is correct. Under Arizona law, there is a 9 year statute of repose.....which means that the contractor is not liable/cannot be sued after 9 years from the date of completing the project has passed. Here's a link to the statute: http://www.azleg.state.az.us/ars/12/00552.htm

Expert:  Roger replied 1 year ago.

Thus, if you were to sue, the contractor should be able to have the case dismissed due to the expiration of the statute of response above.

Expert:  Roger replied 1 year ago.

Had this been discovered and a suit been filed within the repose period, you'd have a solid claim and the possibility to recover would be great.

Expert:  Roger replied 1 year ago.

I'm sorry that the news isn't better, but I'd rather be honest about your situation.

If you need anything further, please let me know. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!

Related Real Estate Law Questions