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SIRRAH ENTERPRISES, LLC v. WUNDERLICH

No. CV-16-0156-PR.

399 P.3d 89 (2017)

SIRRAH ENTERPRISES, LLC, an Arizona limited liability company, Plaintiff/Counterdefendant/Appellant, v. Wayne and Jacqueline WUNDERLICH, husband and wife, Defendants/Counterclaimants/Appellees.

Supreme Court of Arizona.

Filed August 9, 2017.

Attorney(s) appearing for the Case

John J. Belanger (argued), Bremer Whyte Brown & O'Meara, Tempe, Attorneys for Sirrah Enterprises, LLC.

Jeffrey R. Adams (argued), The Adams Law Firm, PLLC, Prescott, Attorneys for Wayne and Jacqueline Wunderlich.

Stephen E. Richman (argued), Vail C. Cloar , Dickinson Wright PLLC, Phoenix, Attorneys for Amicus Curiae Home Builders Association of Central Arizona.

JUSTICE TIMMER authored the opinion of the Court, in which CHIEF JUSTICE BALES, VICE CHIEF JUSTICE PELANDER, and JUSTICES BRUTINEL, BOLICK, GOULD, and LOPEZ joined.

¶ 1 The law implies a warranty of workmanship and habitability into every residential construction contract. This Court has wrestled with application of this warranty on several occasions. We reenter the fray and here decide whether the successful party on a claim for breach of the warranty qualifies for...

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