22.7.5 Accepted Work Doctrine.

• Jurisdiction: Arizona

22.7.5 Accepted Work Doctrine. Once an owner accepts the work of a contractor, the contractor’s liability to third persons may be discharged.⁹³ Under the “accepted work” doctrine, a contractor who lacks discretion and merely follows the instructions of the employing landowner—at least insofar as the dangerous condition is concerned—is not liable for injury to third persons after completion and acceptance of the work by the landowner.⁹⁴ However, if the contractor is hired to use his discretion or skill, with regard to the dangerous condition, then the accepted work doctrine is inapplicable and standard negligence rules apply.⁹⁵ A landowner owner is liable for the acts of an independent contractor for work that is inherently dangerous.⁹⁶

Thus, in Menendez v. Paddock Pool Construction Co., the pool contractor could not be liable for injuries sustained as a result of an allegedly deceptively-shallow pool where the pool contractor was hired to build a pool to that depth.⁹⁷ However, in Porras v. Campbell Sales Co., summary judgment was...