Section 5.9.2.2.5 Strict Liability

• Library: Construction Law Practice Manual 3rd Edition 2016

§ 5.9.2.2.5 Strict Liability

Although often pled by plaintiffs, strict liability in construction defect cases has not been widely accepted or recognized in Arizona. In California, however, strict liability is permitted in an action by homeowners or homeowner’s associations against the builder of mass-produced housing. Builders who are not considered mass-producers of homes are not subject to strict liability, and California does not recognize strict liability causes of action against subcontractors in construction defect cases.⁶⁴

Because this issue has not been decided by our appellate courts, parties disagree as to the viability of this claim in Arizona. Defendants routinely cite Nastri⁶⁵ for the proposition that Arizona has formally rejected strict liability for construction defects in homes. Plaintiffs, on the other hand, argue that the availability of...