Imagine completing a major renovation or new home build in the Phoenix area, only to find the new roof leaks, the electrical wiring fails inspection, or the foundation cracks before the concrete fully cures. This situation is a homeowner’s nightmare. When you pay a contractor for a quality job but receive substandard work instead, you are left with significant damage, a financial burden, and the stress of a construction defect.

You may be wondering what you can do about it. The question is not just whether you can sue a contractor in Arizona, but the legal options regarding the quality of work if it fails to meet the terms of the contract and Arizona law. Get the facts on the procedures, legal requirements, and the key steps we recommend for tackling construction defects and contractor disputes in the Grand Canyon State.

Understanding “Substandard Work” Under Arizona Law

In Arizona, a contractor’s work quality is measured against several standards. First, the work must follow the terms laid out in your written contract. Second, it must adhere to all applicable building codes and accepted trade standards. Third, Arizona law provides a framework for addressing poor workmanship and contractor misconduct.

The Arizona Registrar of Contractors (ROC) defines certain acts that can lead to disciplinary action against a licensed contractor, including “substandard workmanship.” Substandard workmanship means the work is below the industry standards or fails to meet the plan’s specifications or contract. This concept is central to any dispute. Before we can talk about lawsuits, you must first document the defects and formally notify the contractor.

Your First Step: The Notice and Opportunity to Cure

Arizona law emphasizes giving the contractor a fair chance to fix the problem before you rush to court. This is a critical step, especially if the defect relates to the home’s structure or a new residence.

The A.R.S. §§  12-1361 to 12-1366: Purchaser Dwelling Actions (PDA)

Arizona Revised Statutes (A.R.S.) requires owners to provide a written notice of claim to the contractor before filing a lawsuit for construction defects, like those in a new build in Scottsdale or a large remodel in Mesa. This notice must describe the claim and the known defects in sufficient detail.

  • Why This Matters: This gives the contractor a mandatory period to inspect the property and offer a proposal to resolve the dispute, often by repairing the defective work.
  • The Contractor’s Right to Repair: The contractor has the right to access the property to perform a “reasonable inspection” of the alleged defects. 

If the contractor fails to respond, refuses to repair the work, or performs inadequate repairs, your legal options then expand. This entire notice process is mandatory; skipping it can jeopardize your eventual lawsuit.

The Legal Avenues for Homeowners in Arizona

Arizona homeowners generally have two main legal pathways to seek recovery for substandard construction work. 

1. The Arizona Registrar of Contractors (ROC) Complaint

For licensed contractors, the ROC provides an administrative remedy that is often cheaper and faster than a civil lawsuit. If you live in or around Phoenix, filing a complaint with the ROC is a common first action.

  • ROC Authority: The ROC can investigate complaints and, if they find the contractor’s work is truly substandard, they can compel the contractor to fix the defect; suspend, or, in severe cases, revoke their license. The ROC administers a Recovery Fund that can sometimes compensate homeowners for actual damages, per statutory limits.
  • ROC Limits: An ROC action is not a civil lawsuit. It focuses on the contractor’s license and quality of work, not typically on recovering large amounts for consequential damages, emotional distress, or loss of value. For comprehensive financial recovery, a lawsuit is usually necessary.

Note: a PDA notice is not required to pursue a ROC complaint; and some ROC complaints can also be by and between contractors in cases of non-payment.

2. Filing a Civil Lawsuit for Breach of Contract

A powerful avenue for financial recovery is a lawsuit filed in the Arizona Superior Court. 

Common Legal Claims

When suing a contractor for substandard work, your claim usually falls under one or more of these categories:

  • Breach of Contract: The contractor failed to perform the duties outlined in the signed construction agreement. They promised to deliver a structure or renovation built to a certain standard, but they did not.
  • Breach of Implied Warranty: Arizona law implies certain warranties into a construction contract, even if they aren’t in writing. The main one is the implied warranty of workmanship and habitability. This means the work must be performed in a “workmanlike manner” and the resulting structure must be reasonably fit for its intended use.
  • Negligence: If the contractor’s poor work caused injury, a claim for negligence can also sometimes be pursued. 

Understanding the Statute of Limitations

Time is critical in these cases. Arizona imposes a deadline, known as the statute of limitations, for filing a lawsuit. For construction defects, there is a statute of repose – A.R.S. § 12-552 sets an absolute deadline of eight years, after which no claim can be brought; or nine years if the defect was discovered during the eighth year. Waiting too long can mean you forfeit your right to seek damages entirely.

Preparing Your Case for Litigation

Success in a construction defect lawsuit depends heavily on preparation and evidence. Our clients have questions, and we provide answers by focusing on the details that build a strong case.

  • Document Everything: Keep all contracts, change orders, invoices, and payment records. Take clear, dated photographs and videos of every defect and the damage it causes.
  • Expert Testimony: A successful case often requires a third-party construction professional or engineer to inspect the work, confirm the defects, and estimate the cost of repair. This expert’s report is critical evidence.
  • Calculating Damages: Damages are typically calculated as the reasonable cost of repairing the substandard work or, if the damage is permanent, the difference in the value of the property with and without the defects.

We understand that dealing with a poor-performing contractor is frustrating, especially when your home is on the line. Navigating the ROC complaint process or preparing a Superior Court lawsuit requires a structured and experienced approach.

How Resolvere Law PLLC Can Help

Dealing with construction defects and fighting a contracting company can feel overwhelming. We are committed to helping homeowners throughout the Phoenix area, from Peoria to Chandler, reclaim their peace of mind. We approach every construction dispute with the goal of securing real results for our clients.

When a contractor refuses to do right by you, we step in. We provide aggressive courtroom representation and know what it takes to resolve complex contract disputes. If you are facing substandard work and exploring your legal options, do not delay.

Contact Resolvere Law PLLC today to discuss the details of your construction defect case. Call us at 480-568-1327 to schedule a consultation and take the first critical step toward resolving your contractor dispute.