Just over a year ago i authored a post on the arizona court of appeals decision in hatch development llc et al v sols construction co inc 240 ariz 171 app 2016 which addressed the concept of common law indemnification just recently however the decision in hatch development was abrogated by the arizona supreme courts opinion in knightbrook ins co v. Statutes arizona revised statutes title 32 scroll to chapter 10 for registrar of contractors link is external annotated statute book oct 16 2018 link is external rules arizona administrative code link is external notice a person may petition the governors regulatory review council link is external to request a review of a final rule based on the persons belief that the . The arizona court of appeals made clear an important distinction in construction law commercial structures and residential structures will be treated differently when determining who can utilize this theory of recovery the primary cause of action used in residential construction defect cases is a breach of the implied warranty of habitability. The construction law section of the state bar of arizona provides an opportunity for attorneys representing owners architects engineers contractors subcontractors and suppliers to discuss construction problems in both the private and public sectors. 34 regulation of fugitive dust emissions from construction activities john d burnside 35 bankruptcy in construction law scott b cohen 36 indemnification ruth franklin 37 design professionals and land surveyors p douglas folk 38 arizonas economic loss rule tort vs contract robert o dyer
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