In Yanni v. Tucker Plumbing, Inc., 233 Ariz.364 (App. 2013), the Arizona Court of Appeals held that a homeowner cannot pursue claims against subcontractors for the breach of the Implied Warranty of
Workmanship and Habitability. The homeowners argued that the Implied Warranty arises from the construction of the home and should extend to subcontractors because the actual construction is
performed by the subcontractors rather than the general contractor. The Court of Appeals disagreed, finding that the exceptions to the general privity requirement did not extend to subcontractors.
While this is good news for subcontractors, a subcontractor could still be liable for defective workmanship as a result of an indemnity claim brought by the builder/developer. The homeowner may also have a negligence claim against the subcontractor.
Workmanship and Habitability. The homeowners argued that the Implied Warranty arises from the construction of the home and should extend to subcontractors because the actual construction is
performed by the subcontractors rather than the general contractor. The Court of Appeals disagreed, finding that the exceptions to the general privity requirement did not extend to subcontractors.
While this is good news for subcontractors, a subcontractor could still be liable for defective workmanship as a result of an indemnity claim brought by the builder/developer. The homeowner may also have a negligence claim against the subcontractor.