City of Phoenix, Third-Party Plaintiff/appellant v. Glenayre Electronics, Inc.; William Lyon Homes, Inc.; Kb Home…

Summary

The court held that the eight-year statute of repose applies to governmental entities' contract-based claims, including indemnity claims, because its notwithstanding clause overrides the governmental limitations exemption and the common-law nullum tempus doctrine. The statute barred the City's contract-based indemnity claims against contractors, but it did not bar claims against developers where the alleged indemnity obligation arose from a municipal code provision applicable to permittees rather than from an agreement listed in the statute. The court therefore affirmed dismissal of the contractor claims, reversed dismissal of the developer claims, vacated related fee awards, and remanded.