AZ Common Law Causes of Action APPENDIX B (2011)

• Jurisdiction: Arizona

APPENDIX B

STATUTES OF LIMITATION

LEGAL CLAIM	PERIOD	A.R.S. §
GENERALLY
Action, other than to recover real property, for which no limitation term is otherwise provided	4 yrs.	12-550
Action for liability created by statute, other than a penalty or forfeiture	1 yr.	12-541(5)
Action on a judgment rendered or instrument executed outside Arizona	4 yrs.	12-544(3)
BREACH OF CONTRACT ACTIONS
Action for breach of a written contract executed within Arizona	6 yrs.	12-548
Actions for debt where the indebtedness is not evidenced by a contract in writing	3 yrs.	12-543(1)
Breach of a sales contract under the Uniform Commercial Code	4 yrs.[2]	12-544(4); 47-2725
Breach of implied warranty regarding real estate design or construction	6 yrs.	12-548[3]
COMMERCIAL LAW
Arizona Consumer Fraud Act	1 yr.	12-541(5)[4]
Action on the bond of a licensee debt management company	2 yrs.	6-704(C)
Action for default under a lease contract, including breach of warranty or indemnity	4 yrs.[5]	47-2A506(A)
Action for settlement of a partnership account or upon mutual and current accounts concerning trade of merchandise between merchants	4 yrs.	12-544(2)
Action upon stated or open accounts (other than mutual and current accounts concerning the trade of merchandise between merchants)	3 yrs.	12-543(2)
INSURANCE LAW
Action (for declaratory relief or breach of contract) on a policy executed in Arizona if neither the policy nor a statute sets another limitation period	6 yrs.	12-548[6]
Action on a policy executed outside Arizona	4 yrs.	12-544(3)[7]
Action for insurer’s bad faith	2 yrs	12-542[8]
Action for benefits under an uninsured or underinsured motorist provision	6 yrs.	12-548[9]
Action for disability insurance benefits	2 yrs.	20-1355
Action for misrepresentations in sales brochures	1 yr.	12-541(5)[10]
BREACH OF EMPLOYMENT CONTRACT
Breach of an oral or written employment contract, including contract actions based on employee handbooks or policy manuals that do not specify a time period in which to bring an action	1 yr.	12-541(3)
STATE EMPLOYMENT DISCRIMINATION CLAIMS[11]
An employee must file a charge with the Arizona Civil Rights Division (“ACRD”) after the alleged unlawful employment practice occurred	180 days	41-1481(A)
An employee must sue after receiving ACRD notice	90 days	41-1481(D)
An employee must sue after a charge is filed, regardless of ACRD notice	1 yr.	41-1481(D)
Discrimination against an employee involved in state Occupational Safety and Health proceedings	30 days	23-425(B)
Equal pay claims	6 mos.	23-341(F)
MISCELLANEOUS CLAIMS
Action enforcing a mechanic’s lien	6 mos.	33-998(A)
Action for occupation-related injury or death	1 yr.	23-1061(A)
Action for unpaid wages by filing a claim with the labor department of the Arizona Industrial Commission[12]	1 yr.	23-356(A)
Action on behalf of employees injured or killed in a hazardous occupation	2 yrs.	23-805(B)
Recoupment of overpayment by an employer of contributions to the state unemployment compensation fund	3 yrs.	23-742(A)
Tort claims against a third party by an employee entitled to workers compensation	1 yr.[13]	23-1023(B)
Wrongful termination	1 yr.	12-541(4)
NOTICE OF CLAIMS STATUTE
Notice of claims against a public entity or a public employee[14]	180 days	12-821.01
TORT ACTIONS
Assault or battery	2 yrs.	12-542(1)
Civil rights violations	1 yr.	12-541(5)[15]
Conversion	2 yrs.	12-542(5)
Dram Shop Action (liability for injury or death caused by the unlawful selling, giving, or furnishing of alcohol to minors or intoxicated persons)	2 yrs.	12-542(1)[16]
Failure to make return on execution	5 yrs.	12-547
False imprisonment	1 yr.	12-541(1)
Fraud or mistake	3 yrs.	12-543(3)
Forcible entry or detainer	2 yrs.	12-542(6)
Intentional infliction of emotional distress	2 yrs.	12-542(1)[17]
Invasion of privacy	2 yrs.	12-542(1)[18]
Libel and slander	1 yr.	12-541(1)
Malicious prosecution	1 yr.	12-541(1)
Malpractice (legal)	2 yrs.	12-542[19]
Malpractice (medical)	2 yrs.	12-542(1)
Negligence	2 yrs.	12-542[20]
Personal injury (generally)	2 yrs.	12-542(1)
Products liability	2 yrs.	12-551[21]
Seduction or breach of promise to marry	1 yr.	12-541(2)
Taking or carrying away goods or chattels	2 yrs.	12-542(4)
Tort claims arising out of deficient real estate design or construction	2 yrs.	12-542(3)[22]
Tortious interference with contract	2 yrs.	12-542[23]
Trespass or property injury	2 yrs.	12-542(3)
Wrongful attachment	2 yrs.	12-542[24]
Wrongful death

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