Real Estate, Development, & Construction Disputes
Real Estate and construction law is complex. Under Arizona law, disputes over defects in home construction are subject to the Purchaser Dwelling Actions Act, A.R.S. § 12-1361. The Act was promulgated by the Legislature in 2002 in an attempt to stem the rising tide of construction defect litigation. The statute requires good faith attempts by the parties to resolve their conflict under the Act’s pre-litigation right to repair format before engaging in costly litigation. Pursuant to A.R.S. § 12-1362, unless the alleged defects constitute an immediate threat to life or safety, a purchaser must comply with the Acts’ requirements before filing a dwelling action complaint. This is interpreted as a “jurisdictional prerequisite” under the Act. A.R.S. § 12-1362. Generally, construction defects cases must be filed within eight years of the time the work was performed. A.R.S. § 12-552.
Disputes involving relators, contractors, and developers are similarly complicated. Most realtor representation agreements have a mediation clause that requires an attempt at alternative dispute resolution before the filing of a lawsuit. Failing to follow that requirement may result in dismissal of your lawsuit.
The Laird Law Firm provides sophisticated, thorough, assertive representation in all areas of real estate, construction, and development disputes, including:
To discuss your real estate concerns or construction dispute with an experienced attorney, contact the Laird Law Firm at 520-230-8878 to arrange a consultation.