No Lawsuit Against Homebuilder Without Notice
All market indicators show that the new home construction industry is recovering. Although most new homes are built properly, some buyers of new homes will have claims for construction defects such as leaky roofs.
Any claim for a construction defect in a new home requires that, at least 90 days before filing any lawsuit, the buyer furnish notice by certified mail to the homebuilder specifying in detail the construction defect. The buyer must also furnish the homebuilder with an opportunity to correct the construction defect. The homebuilder has the right to inspect the construction defect and propose repairs. If the homebuilder and the buyer cannot reach an agreement on these repairs, the buyer can then file a lawsuit against the homebuilder. See ARS §12-1363.