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AZ SB1469
Bill
Status
1/30/2018
Primary Sponsor
Sonny Borrelli
Click for details
AI Summary
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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.
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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.
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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.
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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.
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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