Representing thousands of homeowners and successfully recovering millions of dollars for our homeowner association clients, DCS has earned a reputation as one of the most professional, respected and leading construction defect litigation firms in the southwestern United States.

In this forum, DCS's Arizona-based Partner Darrien Shuquem answers your construction defect questions. Check back every two weeks for a new question. Yours may be posted next!

Q: We recently moved into our new home after waiting eighteen months for it to be built…now, we’re worried about some problems including a leaking roof and bad grading. When does our warranty coverage begin?

A: Homeowners are protected by different types of warranties that generally fall into four categories

  1. express warranties in the written contract with the Builder
  2. implied warranties under the Law
  3. administrative or Statutory protections
  4. extended warranties through insurance companies. Since the question came from an Arizona resident, our answer is limited to that State.
    1. (For the express warranty you need to look at the specifics in the sales contract, but most builders provide a limited express warranty for 1-2 years from date of completion.
    2. The implied warranty of habitability and fitness holds Builders responsible for construction defects for six years from the date you discover the problem, but no later than 8 years from completion (9 years if you find the defect in year 8)
    3. the registrar of contractors provides an administrative procedure to attempt to resolve construction complaints within two yeas from completion date; the "right to cure statute" codifies a formal procedure to resolve construction defect claims with a builder, and effectively puts any litigation on hold for 90 days while the parties attempt to resolve the claim.
    4. finally, many builders offer extended structural warranties for 5-10 years after completion; however, homeowners should be aware these are generally insurance products by 3rd parties, and often exclude damage from expansive soils.