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Construction Defects Implied Warranty of Habitability Contractors

Snell & Wilmer

The Unwavering Un-waivable Implied Warranty of Workmanship and Habitability in Arizona

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The Arizona Supreme Court recently issued an opinion on the scope of the implied warranty of workmanship and habitability (the “implied warranty”) in contracts between homebuyers and builder/vendors that provides clear...more

Snell & Wilmer

Arizona Homebuilders Cannot Disclaim Implied Warranties

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In late July 2021, Arizona’s Court of Appeals explained that homebuilders cannot disclaim the implied warranty of workmanship and habitability. Its opinion in Zambrano v. M & RC II, LLC certainly affects homebuilders, and may...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Homebuyers’ Implied Warranty of Habitability Suit Against Subcontractors Is Frozen out by Illinois Supreme Court

Overruling 35 years of precedent, the Illinois Supreme Court has held that buyers of newly constructed homes cannot sue subcontractors for breach of the implied warranty of habitability. Sienna Court Condominium Association...more

Faegre Drinker Biddle & Reath LLP

Residential Builders Prevail in Illinois Supreme Court Decision, Also Benefiting Homebuyers

The Illinois Supreme Court’s May 19 decision in Fattah v. Bim represents a significant victory for residential construction companies and will also benefit homebuyers. In its decision, the Court unanimously defined a common...more

Snell & Wilmer

Developing Issues in Utah Construction Defect Litigation

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Following the Utah Supreme Court’s decision in Davencourt at Pilgrim’s Landing Homeowners’ Association v. Davencourt at Pilgrim’s Landing, which clarified the law regarding the claims for which homeowner’s associations (HOAs)...more

Ballard Spahr LLP

Pennsylvania Supreme Court Rules Only Original Purchasers May Recover Damages for Breach of the Builder’s Implied Warranty of...

Ballard Spahr LLP on

The Pennsylvania Supreme Court ruled that a builder’s implied warranty of habitability extends only to the initial buyer of a home, and not to subsequent purchasers. In Conway v. The Cutler Group, Inc., the Court reversed an...more

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