John Belanger argues before the Arizona Supreme Court

SIRRAH ENTERPRISES LLC. v. WAYNE AND JACQUELINE
WUNDERLICH

“Relying on the lineage of cases establishing Arizona’s
implied warranty or workmanship and habitability (“IWWH”), Lofts held
that the IWWH is imposed at law—without regard to the parties’ contractual
relationship—by virtue of the act of construction itself. Therefore, did the Court of
Appeals err in creating an exception to Sullivan in which the IWWH attaches to an
express contract, converting the “implied-in-law” warranty which “sounds in”
contract to an “implied-in-fact” term that “arises out of” contract, such that original
purchasing homeowners who prevail on the claim may recover contractual attorney
fees and costs while subsequent purchasing homeowners cannot?”
Read the Arizona Supreme Court Oral Argument Case Summary, and watch
Mr. Belanger in the Courtroom
HERE.

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