A.R.S. 12-1363: The Notice-and-Repair Clock for Arizona Construction Defects

A.R.S. 12-1362 says you must let the builder repair before suing, but it does not spell out how. That job falls to A.R.S. 12-1363, the actual checklist behind Arizona's construction-defect law: it sets the deadlines for how you send notice, how fast you give access, how long the builder has to answer, and how the work gets done. It also pauses your lawsuit deadline so following the process does not cost you your right to sue. Miss the steps and the law lets a court dismiss your case and bar the claim.

The deadlines, in order

The section runs as a timed exchange. You start the clock, the builder responds, and repairs follow on set windows. Here is the inspection rule at the front of it:

The purchaser shall ensure that the dwelling is made available for inspection not later than ten days after the purchaser receives a request for an inspection.

Walk it through in sequence:

1. You send written notice by certified mail. Describe the claimed defects in reasonable detail before you file any dwelling action. This is the notice A.R.S. 12-1362 requires.
2. You allow inspection within 10 days. Once the builder asks to inspect, the home must be available no later than 10 days after you get the request, including any testing the builder reasonably needs.
3. The builder responds within 60 days. Within 60 days of receiving your notice, the seller must give a good-faith written response, offering to repair, to replace, to pay money, or a mix, or explaining why it disputes the claim.
4. Repairs start on a tight window. The parties coordinate within 30 days after the builder sends its notice of intent to repair or replace, and repair work begins with reasonable efforts to start within 35 days (or within 10 days after the builder gets any required permit), then finishes in a commercially reasonable time.
5. Your deadline is paused the whole time. The statute of limitations and statute of repose are tolled during the process and for 30 days after the work is substantially complete, so the calendar does not run out on you while you cooperate.

One more piece protects the builder's side: if you fail to comply, the law says the dwelling action "shall be dismissed," and a later claim can be time-barred. The process cuts both ways.

What it means for your home build

Run this like a project with dates on it. Suppose your new home in Fountain Hills develops hairline cracks across the great-room ceiling and you suspect a framing or truss issue. Send the builder a certified-mail letter listing the cracks, where they are, and what you have seen. When the builder asks to inspect, get them in within 10 days, even if that means rearranging your week. Mark your calendar 60 days out: that is when a written response is due. If the builder offers to re-tape and repaint plus sister the affected trusses, get the scope and start date in writing, the same way you would treat a change order , so "fixed" is defined.

The tolling rule is the part homeowners miss. Because the deadline pauses, you do not have to rush to the courthouse to protect your rights while repairs are underway. But the flip side bites too: if you stonewall the inspection or never send proper notice, you can lose the case on procedure, not merits. Keep every certified-mail receipt and photo. That paper trail is what proves you cleared the construction-defect process if the repair falls apart and you do end up filing.

How this connects to the rest of the Act

This section supplies the mechanics for the gate in A.R.S. 12-1362, and both depend on the definitions in A.R.S. 12-1361. After the repair process ends, A.R.S. 12-1364 decides attorney fees by comparing what you win at trial to the builder's pre-suit offer, so the written response here sets the baseline you have to beat. The scope carve-outs in A.R.S. 12-1366 tell you which claims skip this process entirely. For the overview, see what is the Arizona Purchaser Dwelling Act ; to see how repair rights line up with your coverage, read new-home builder warranty in Arizona ; and to pursue a license complaint alongside the repair process, see how to file an ROC complaint and use the Recovery Fund .

Full text and source

Read every subsection, including the testing, coordination, and admissible-evidence rules trimmed here, on the legislature's site: View A.R.S. 12-1363 on azleg.gov .

The 10-day and 60-day windows leave little slack, so calendar them the day you mail your notice rather than trusting memory.