VF Law Wins in AZ Supreme Court Construction Defect Case Upholding the Implied Warranty

Published in Attorney at Law Magazine
October 4, 2022 | By: VF Law

In an article published in Attorney at Law Magazine on 10/3, VF Law’s Darrien Shuquem is highlighted for his role in securing a significant victory in the Arizona Supreme Court protecting the rights of Arizona home purchasers. The article details the implied warranty of workmanship and habitability rights for buyers that cannot be waived or disclaimed.

“We’re extremely proud of the result in the Arizona Supreme Court, after a several-year appeal process,” said Darrien. “This case was vitally important for protecting present and future Arizona homeowners. Prohibiting the efforts of home builders and sellers to eliminate the implied warranty will help guarantee that Arizona homeowners have adequate protection from defective construction of their homes, which for most people, is the biggest purchase they will make in their lifetime.”

In Arizona, an “implied warranty of workmanship and habitability” is owed by the builder and seller to the purchaser, protecting the purchaser from construction defects for eight years following completion of construction. In this case, the sellers attempted to eliminate this “implied warranty” by including language in the purchase contract, which purported to be a “waiver” or “disclaim” of the implied warranty.

After a trial court incorrectly enforced this contract language, Darrien and his team appealed on behalf of their client and won in the Court of Appeals. The defendants petitioned the Arizona Supreme Court to review the decision and the Supreme affirmed and expanded on the Court of Appeal’s ruling affirming that implied warranty cannot be waived or disclaimed in any manner.

To read the story in full, click here.