Arizona Legislators Have Enacted Substantial Changes To Dwelling Actions

The Arizona Legislature has enacted substantial changes to "dwelling actions" – construction defect litigation that involves single- and multi-family homes. Senate Bill 1271, passed on April 4, 2019 and signed on April 10, 2019, establishes:

1. Limits on indemnity agreements between contractors in dwelling actions.
2. The right of a construction professional to repair or replace alleged construction defects before a dwelling action may be commenced. 
3. Procedures for allocating liability among parties to a dwelling action, including a prohibition against forced indemnity for activities not germane to the design professional or contractors work.  
4. Additional dwelling action notice requirements.