Contractor Liability Under Implied Warranties in Residential Construction
The Arizona Supreme Court recently ruled that homeowners (and homeowner
associations on behalf of homeowners) may sue residential homebuilders
on an implied warranty of workmanship and habitability even if the
homebuilder was not also the vendor of the homes and the homebuilder
had no other direct relationship with the homebuyer. See The Lofts at Fillmore Condominium Assoc. v. Reliance Commercial Construction, No. CV-07-0416-PR (Ariz. filed Aug. 19, 2008) (http://www.supreme.state.az.us/opin/pdf2008/ACV070416PR.pdf).
How does this work in Nevada?
Nevada has not addressed the situation at issue in Arizona's Lofts at Fillmore
case where the homebuilder was not also the vendor or a joint venturer
with the vendor of the homes. The Nevada Supreme Court, however, has
held that where a homebuilder is a joint venturer with the vendor, both
the homebuilder and the vendor are jointly and severally liable to the
homebuyer for breach of the implied warranty of habitability. See Radaker v. Scott, 109 Nev. 653, 855 P.2d 1037 (1993).
Posted by Anthony Golden at 1:16 PM
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Categories: Habitability | Implied Warranty | Workmanship | Workmanlike | Constructional Defects