Section 5.9.2.4.2 Emotional Distress Claims
| Library | Construction Law Practice Manual 3rd Edition 2016 |
§ 5.9.2.4.2 Emotional Distress Claims
There are currently no Arizona cases directly on point as to whether a homeowner can recover emotional distress damages because of construction defects to their home. At least one Arizona case stands for the proposition that emotional distress damages cannot be recovered based on witnessing injury to personal property.85 This is consistent with neighboring California, whose supreme court has held that a homeowner cannot recover damages for emotional distress based upon breach of contract to build a house.86
However, other authority at least allows the argument to be made. In Thomas v Goudreault,87 the plaintiffs were tenants of the defendant...
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