A recent Arizona Court of Appeals decision is a mixed win for the state’s real estate and construction industry. According to a post by Bob Henry on Snell & Wilmer’s real estate litigation blog the November 2013 opinion issued by Division Two of the Arizona Court of Appeals in Yanni v. Tucker Plumbing, Inc. was a “victory of sorts” since it could have a long-term effect of encouraging “more direct suits by homeowners against developers and homebuilders—including potential class actions—for defects in the construction of homes arising out of defective and substandard work by subcontractors.”

In 2012, the plaintiff and other “similarly situated homeowners” filed a construction defect state-wide class action against two subcontractors for breach of implied warranty of workmanship and habitability arising out of the subcontractors alleged use of defective plumbing components in their homes.