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FRY'S FOOD STORES v. MATHER AND ASSOC.

Nos. 1 CA-CV 92-0335, 1 CA-CV 93-0505.

183 Ariz. 89 (1995)

900 P.2d 1225

FRY'S FOOD STORES OF ARIZONA, INC., a California corporation; and Vine Court Assurance Company, a Vermont corporation, as subrogee, Plaintiffs-Appellants, v. MATHER AND ASSOCIATES, INC., an Arizona corporation; Joseph A. Gervasio and Jane Doe Gervasio, husband and wife; W.M. Grace Construction, Inc., a Missouri corporation; and Simpson Strong-Tie Structures, a California corporation, aka Simpson Strong Tie Company, Inc., Simpson Manufacturing Company, Inc., and Simpson Company, Defendants-Appellees.

Court of Appeals of Arizona, Division 1, Department A.

August 3, 1995.

Attorney(s) appearing for the Case

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, P.A. by George H. Mitchell and Christopher Robbins, Phoenix, for plaintiffs-appellants.

Bonnett, Fairbourn, Friedman, Hienton, Miner & Fry, P.C. by Francis J. Balint, Jr., Phoenix, for defendant-appellee Gervasio.

Law Offices of Michael Herzog by Michael Herzog, Phoenix, for defendant-appellee Simpson Strong-Tie Structures.

Murphy & Posner by Terry L. Rakow and Robert R. Bauer, Phoenix, for defendant-appellee Mather and Associates, Inc.

Garrey & Curran, P.C. by D. Reid Garrey, Margaret Khalil, and Shawna M. Woner, Scottsdale, for defendant-appellee W.M. Grace Const., Inc.

OPINION

FIDEL, Presiding Judge.

Arizona Revised Statutes Annotated ("A.R.S.") § 12-552 — the construction statute of repose — is limited by its terms to actions "based in contract." Does the statute apply to tort claims to recover property damage allegedly caused by the negligent performance of construction contracts? We hold that it does not.

I. Facts and Procedural History

These consolidated appeals arise from...

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