In Yanni v Tucker, 2CA-CIV 2013-0024, 11/20/13, Div 2 of the Az Court of Appeals held that a homeowner may not sue a subcontractor for breach of implied warranties. The homeowner may, of course, sue a contractor with whom they have a contract, but without such privity, there is not a cause of action. In this case, the homeowner sued the plumbing sub alleging defective work. The sub defended on the basis that it had no contract with the homeowner so there was no privity to give rise to this type of claim. The Court agreed. The Court suggested that the normal route of suing the general contractor and letting them sue the subs for indemnity was still the way to go.
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