Arizona · Construction-defect rights
Here is what you have, and here is how to keep it.
Arizona gives you eight years from substantial completion, and nine at the outside if the problem first appears in year eight. Unlike some states, Arizona's deadline covers implied warranty claims as well. The good news is that the Purchaser Dwelling Act pauses the clock while you notify the builder and they inspect and repair - so using the process buys you time rather than losing it. Skipping it does the opposite: your case is dismissed, and if the repose has run you cannot start again. Record the fault the day you see it and start the notice properly.
What you have
The Purchaser Dwelling Act TOLLS BOTH CLOCKS - the statute of limitations and the statute of repose - while you give notice and the builder inspects and repairs, plus 30 days after. Using the process protects your deadline rather than burning it. But it works only if you follow it: skipping the notice means the action is dismissed, and if that happens after the repose has run, you cannot refile. NOTE: Arizona s.12-552(F) also covers implied warranty claims, so the deadline applies to those too - there is no separate warranty route around it.
The deadline
8 years to bring a construction-defect claim
A.R.S. s.12-552(A), (E), (F)
8 years from substantial completion, extended to a HARD CAP OF 9 YEARS where the injury occurred or a latent defect was discovered during the eighth year (one extra year from that date, never beyond nine). CRITICAL: s.12-552(F) expressly SWEEPS IN IMPLIED WARRANTY - the limitation covers "any action based on implied warranty arising out of the contract or the construction, including implied warranties of habitability, fitness or workmanship." So the common-law warranty route does NOT survive the repose in Arizona, unlike some states. Contract claims against developers, designers and contractors are barred at 8 years. LEGISLATIVE WATCH: HB2599 (2025) proposed reducing the period from eight years to four; HB2713 (2025) proposed HOA dwelling-action changes. Verify current session status before publication. PENDING LEGISLATION: AZ HB2599 (2025) proposed cutting the repose from 8 years to 4 - a live bill that would HALVE the homeowner window. Status-check before relying; if enacted, re-verify repose_years and this note. FRAUD/REPOSE (verified 2026-08-03, A.R.S. § 12-552 full text): Arizona has NO general fraud carve-out from the repose. The only wilful/reckless/concealed-violation exception is § 12-552(C), and it applies ONLY to a municipality or county suing over a dedicated public improvement — it does NOT let an ordinary homeowner defeat the 8-year repose by alleging the builder concealed the defect. fraud_exempts_repose set false on that basis (corrected from an earlier true that rested on a relayed list, not statute text).
“Notwithstanding subsection A or B... if the injury occurred during the eighth year after the substantial completion or, in the case of a latent defect, was not discovered until the eighth year after substantial completion, an action... may be brought within one year after the date on which the injury... occurred or a latent defect was discovered, but an action may not be brought more than nine years after the substantial completion of the improvement.”
Before you sue: Purchaser Dwelling Act (A.R.S. s.12-1361 et seq.): written notice describing the defects in reasonable detail, with an opportunity to repair or replace. IMPORTANT TOLLING: during the notice and repair process, and for 30 days after substantial completion of the repair, BOTH the statute of limitations AND the statute of repose (including s.12-552) are TOLLED. But if the purchaser fails to comply before bringing a dwelling action, THE ACTION SHALL BE DISMISSED - and if dismissed after the repose has expired, a later action is barred. (A.R.S. s.12-1363)
What to do now
Write it down the day you notice it. Photograph it with something for scale. Note the date, the room, and what you saw. If it gets worse, photograph it again - a sequence is far stronger than one picture. Keep every message with the builder. You are not starting a fight; you are keeping the option open. Arizona requires written notice to the builder before you sue: see "Before you sue" on this page for the exact rule. Describe each defect in reasonable detail; a record made at the time is what most people are missing later.
The same defect, a different answer next door
The construction-defect deadline is a state-by-state accident of geography. The identical crack in the identical house can be dead in one state and live in another.