Serious construction defects can remain hidden for years before damage becomes impossible to ignore. By then, homeowners may face expensive repairs, disputes with contractors and uncertainty about who is responsible.
In Arizona, discovering a structural problem years after construction does not automatically eliminate your legal options, but strict filing deadlines can determine whether you still have time to pursue a claim.
How long do you have to file a claim?
Arizona imposes an eight-year statute of repose on contract-based claims involving the design or construction of improvements to real property. The period begins when a building is substantially completed, not necessarily when its owner discovers the problem.
Substantial completion may occur when the owner first uses the space, when it becomes available for its intended use or when it passes the required final inspection, whichever happens first.
A narrow extension applies when property damage occurs during the eighth year or a hidden defect is first discovered during that year. In that situation, an owner may receive one year to bring a claim. Even with this exception, the lawsuit cannot be filed more than nine years after substantial completion. A shorter limitation period may apply depending on the legal theory involved.
What problems may support a construction claim?
A building does not need to collapse before a defect becomes legally significant. Warning signs may include:
- Foundation movement or substantial cracking
- Uneven floors and misaligned walls
- Rooflines, columns or framing that are not straight
- Doors and windows that repeatedly stick
- Water intrusion caused by defective grading
- Construction that differs from approved plans
An engineer can determine whether the problem resulted from poor workmanship, defective design, unsuitable materials or normal settling.
Property owners should act as soon as structural concerns appear. Working with a construction-defect legal team can help identify the correct deadline, arrange an independent inspection and determine which parties may be responsible.