Construction Defect
Thomas Rubin & Kelley PC represents general contractors, subcontractors, material suppliers, manufacturers, and design professionals, along with their insurers, in construction defect litigation throughout Arizona. Assignments include homeowners association and residential community claims, single-family home claims, commercial development disputes, public project claims, and the tender, indemnity, and additional insured issues that accompany them. Our attorneys have established relationships with construction experts throughout Arizona and coordinate destructive testing and cost of repair analysis across trades. We keep defense costs proportionate to each client's share of the exposure, from initial investigation through trial or resolution.
Residential, Commercial, and Public Projects
Common allegations include water intrusion, roofing and stucco failures, soils and foundation movement, structural deficiencies, mechanical and plumbing defects, and code violations, pleaded as breach of contract, breach of the implied warranty of workmanship and habitability, negligence, or misrepresentation.
Many assignments arrive through tender. A general contractor sued by an owner or homeowners association brings in its subcontractors, who tender to their own carriers and to the carriers that issued additional insured endorsements. Thomas Rubin & Kelley PC handles the defense, the indemnity and tender issues between parties, and the coordination of experts across trades.
Expert Work and Exposure Allocation
Our attorneys read the contract documents and scope of work against the plaintiff's defect list to determine which alleged defects involve the client's work. That analysis is the basis for a realistic exposure estimate and for any tender to other parties.
Construction cases are decided on expert evidence. We retain qualified experts in the trades at issue, participate in destructive testing and site inspections, and challenge repair estimates that go beyond what the alleged defects require.
Because construction cases can remain open for an extended period, the firm's reports focus on what has changed since the last report: new allegations, cost of repair figures, the positions of co-defendants, and the status of tenders and additional insured claims. Budgets track each phase of the case.
Most construction cases resolve through multi-party mediation. Thomas Rubin & Kelley PC still prepares each case for trial, because a credible trial position is what secures a fair allocation for the client at mediation.
Issues That Shape Construction Defect Cases
Timing defenses decide many construction claims before the merits are reached. Our attorneys evaluate the statute of repose, A.R.S. §12-552, and the applicable limitations periods at the outset of each assignment, working from the project's substantial completion date and the history of the alleged defects.
Residential cases frequently involve the purchaser dwelling action statutes, A.R.S. §§12-1361 through 12-1366, and the notice, inspection, and repair process that precedes suit. We review whether that process was followed and use the inspection opportunity to document conditions early.
Contract-based claims bring attorneys' fee exposure under A.R.S. §12-341.01 into each settlement discussion, and offers of judgment can shift the calculation further. Fault in a construction case is divided among the general contractor, each subcontractor, the design professionals, and nonparties, so we build the record that supports a fair allocation for the client. Further reading on the 2022 changes to Rule 68 appears in Significant Changes to Offers of Judgment Served on/after 1/1/2022.
Coverage Issues in Construction Cases
Construction defect claims raise recurring coverage questions under commercial general liability policies, including whether there has been an occurrence, when property damage took place, how multiple policy periods respond, and whether additional insured endorsements apply. Our insurance coverage counseling practice assists carriers with these questions, and the firm keeps coverage work separate from the defense of the insured.
Tendering a Construction Claim to the Firm
New construction defect assignments and tender questions can be directed to the firm at (602) 274-8289 or submitted through the contact page. We represent contractors, design professionals, suppliers, and their insurers throughout Arizona.