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NORTH PEAK CONST. v. ARCHITECTURE PLUS LTD.

No. 1 CA-CV 10-0017.

254 P.3d 404 (2011)

NORTH PEAK CONSTRUCTION, LLC, an Arizona limited liability company, Plaintiff/Appellant, v. ARCHITECTURE PLUS, LTD, an Arizona corporation; and Mark Wayne Fredstrom and Jane Doe Fredstrom, husband and wife, Defendants/Appellees.

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

April 26, 2011.

Attorney(s) appearing for the Case

Jennings, Haug & Cunningham, LLP By D. Kim Lough , Hillary P. Gagnon , Attorneys for Plaintiff/Appellant.

Carmichael & Powell, P.C. By Sid A. Horwitz , Attorneys for Defendants/Appellees.

OPINION

GEMMILL, Judge.

¶ 1 Plaintiff North Peak Construction, LLC ("North Peak") filed a complaint in superior court against Defendants Architecture Plus, Ltd. and Mark and Audrey Fredstrom (collectively "Architect"), asserting claims for breach of implied warranty and negligence. North Peak appeals the court's grant of Architect's motion to dismiss the breach of implied warranty claim. Because we conclude that North Peak stated a valid claim for relief...

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