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AZ SB1469

Bill

Status

Introduced

1/30/2018

Primary Sponsor

Sonny Borrelli

Click for details

Origin

Senate

Fifty-third Legislature - Second Regular Session (2018)

AI Summary

  • Amends Arizona law to exclude actions based on implied warranty of workmanship and habitability from construction defects from the general rule allowing courts to award reasonable attorney fees in contract disputes.

  • Allows courts to award attorney fees to the successful party in contested contract actions, including when a written settlement offer is rejected and the judgment is equal to or more favorable to the offeror.

  • Clarifies that attorney fee awards should mitigate litigation expense burdens but cannot exceed the amount actually paid or agreed to be paid by the prevailing party.

  • Modifies section 38-1107 to allow law enforcement officers to seek superior court review of demotions or terminations without just cause, with courts authorized to award reasonable attorney fees and all costs to the successful party.

  • Specifies that courts, not juries, determine reasonable attorney fee awards under these provisions.

Legislative Description

Attorney fees; warranty; workmanship; habitability

Superior Courts

Last Action

Senate read second time

1/31/2018

Full Bill Text

No bill text available