Overview
Mattamy Homes operates in the Phoenix and Tucson metropolitan areas in Arizona. The company builds single-family homes across communities in the greater Phoenix metro, including developments in the rapidly growing suburbs.
Arizona's eight-year statute of repose, the state's Purchaser Dwelling Act, and court precedent holding that implied warranty waivers violate public policy create a legal framework that affects several of Mattamy's standard contract provisions.
How Arizona Law Affects Your Contract
The following analysis examines how Mattamy Homes's documented contract patterns interact with Arizona consumer protection law.
Arizona Public Policy Against Habitability Waivers
Arizona courts have held that contractual waivers of the implied warranty of habitability in new residential construction are against public policy. Mattamy's implied warranty disclaimer (HAB-001) may be unenforceable in Arizona, providing buyers with stronger protections than the contract language suggests.
Arizona Purchaser Dwelling Act (A.R.S. 12-1361 et seq.)
Arizona's Purchaser Dwelling Act requires homeowners to provide written notice to the builder and allow an opportunity to inspect and repair before filing suit for construction defects. This statutory process governs the pre-litigation phase and gives Mattamy a right to attempt repairs before court proceedings can begin.
8-Year Statute of Repose
Arizona imposes an eight-year statute of repose for construction defect claims (A.R.S. 12-552). In Albano v. Shea Homes (2011), the Arizona Supreme Court held that class action tolling does not extend the statute of repose, which limits collective action strategies. Mattamy buyers should document and report defects well within this eight-year window.
Arbitration Enforceability in Arizona
Arizona courts generally enforce pre-dispute arbitration agreements. Mattamy's mandatory arbitration clause (ARB-001) is likely enforceable. However, Arizona's Consumer Fraud Act (A.R.S. 44-1521 et seq.) claims may still be pursued in arbitration and may provide additional remedies.
Arizona Legal History
No state-specific litigation involving Mattamy Homes in Arizona has been identified in public records as of this writing.
Relevant Arizona Laws
Requires homeowners to provide written notice to the builder at least 90 days before filing a construction defect lawsuit, with the builder having an opportunity to inspect and offer a repair.
Arizona courts recognize an implied warranty that new homes will be constructed in a workmanlike manner and be fit for habitation.
Prohibits deception, fraud, and misrepresentation in the sale of goods and services, including residential real estate. Provides for actual damages and attorney fees.
Arizona Key Facts
- 1Arizona requires 90 days' written notice to the builder before filing a construction defect lawsuit.
- 2The statute of limitations for construction defect claims is generally 8 years from substantial completion.
- 3Arizona courts recognize an implied warranty of habitability for new construction.
- 4Mandatory arbitration clauses are generally enforceable in Arizona.
- 5Arizona's Registrar of Contractors (ROC) licenses and regulates residential builders.
- 6Buyers should verify a builder's ROC license status before signing a purchase agreement.
What Arizona Buyers Should Know
- Know that Arizona limits implied warranty waivers. Arizona courts have held that waivers of the implied warranty of habitability in new construction are against public policy. Even if the contract includes such a waiver, it may not be enforceable under Arizona law.
- Understand the Purchaser Dwelling Act notice requirement. Arizona law requires written notice to the builder before filing suit for construction defects. Document all defects with photographs and written correspondence, and consult an attorney about the statutory notice process.
- Act within the 8-year statute of repose. Arizona's statute of repose for construction defects is eight years. The Arizona Supreme Court has ruled that class action tolling does not extend this period. Report defects promptly and in writing.
- Hire an independent inspector before closing. An independent home inspector familiar with Arizona construction, including desert soil conditions and thermal expansion issues, can identify defects before you take ownership.
- Compare Mattamy Home Funding with independent lenders. Mattamy operates an affiliated mortgage lender. Compare rates and total loan costs with independent lenders before committing, particularly given Arizona's competitive mortgage market.