The LOFTS AT FILLMORE CONDOMINIUM ASSOCIATION, an Arizona nonprofit corporation, Plaintiff/Appellant,
v.
RELIANCE COMMERCIAL CONSTRUCTION, INC., an Arizona corporation, Defendant/Appellee.
Supreme Court of Arizona, En Banc.https://leagle.com/images/logo.png
August 19, 2008.
August 19, 2008.
Attorney(s) appearing for the Case
Thorsnes Bartolotta McGuire by John F. McGuire, Jr., San Diego, CA, and Ekmark & Ekmark, L.L.C. by Curtis S. Ekmark, Quentin T. Phillips, Scottsdale, Attorneys for The Lofts at Fillmore Condominium Association.
Bremer, Whyte, Brown & O'Meara, LLP by Jeffrey D. Holland, John J. Belanger, Phoenix, and Israel & Gerity, PLLC by Kyle A. Israel, Jeffrey R. Cobb, Phoenix, Attorneys for Reliance Commercial Construction, Inc.
Feinberg Grant Mayfield Kaneda & Litt, LLP by Daniel H. Clifford, Bruce Mayfield, Charles R. Fenton, Phoenix, Attorneys for Amicus Curiae Regatta Pointe Condominium Association.
Dicks, Coglianese, Lipson & Shuquem, APC by Michael D. Dicks, Darrien O. Shuquem, Phoenix, Attorneys for Amici Curiae Alta Mesa Resort Village Homeowners Association, Inc.; Bella Vista Condominium Homeowners Association; Villages of Chandler: The Boardwalk Homeowners Association, Inc.; Cave Creek Villas Homeowners Association, Inc.; Kennedy Park Homeowners Association, Inc.; Mona Lisa Village Homeowners Association; Scottsdale Abrivado Condominium Association; The Salado Grand Residential Association, Inc.; Tre Bellavia Homeowners Association, Inc.; and The Village at Carefree Conference Resort Condominium Association, Inc.
Kasdan Simonds Riley & Vaughan, LLP by Kenneth S. Kasdan, Stephen L. Weber, Michael J. White, Phoenix, Attorneys for Amicus Curiae Adobe Villas Condominium Association.
Eckley & Associates, P.C. by J. Robert Eckley, M. Philip Escolar, Phoenix, Attorneys for Amici Curiae National Association of Home Inspectors, Inc. and American Society of Home Inspectors.
Borowsky Law, P.C. By Lisa M. Borowsky, Scottsdale, Attorney for Amici Curiae Arizona Consumers Council and Consumer Federation of America.
Kasdan Simonds Riley & Vaughan, LLP by Kenneth S. Kasdan, Stephen L. Weber, Michael J. White, Phoenix, and Osborn Maledon, P.A. by Thomas L. Hudson, Phoenix, Attorneys for Amicus Curiae Frye Park Townhomes Homeowner Association.
Supreme Court of Arizona, En Banc.
OPINION
HURWITZ, Justice.
¶ 1 We consider today whether a homebuilder who is not also the vendor of the residence can be sued by a buyer for breach of the implied warranty of workmanship and habitability. We conclude that absence of contractual privity does not bar such a suit.
I.
¶ 2 William Mahoney and The Lofts at Fillmore, L.L.C. (collectively, "the Developer") contracted with Reliance Commercial Construction, Inc. ("Reliance...
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