Arizona Supreme Court

Sirrah Enterprises, LLC, an Arizona Limited Liability Company, Plaintiff/counterdefendant/appellant v. Wayne And…

August 9, 2017242 Ariz. 542

Summary

The Arizona Supreme Court held that the implied warranty of workmanship and habitability is a term imputed by law into a residential construction contract. A successful homeowner may therefore recover attorney fees for enforcing that warranty under a contractual fee provision and, independently, under A.R.S. § 12-341.01(A). The court vacated the court of appeals' opinion and affirmed the trial court's fee award.