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REFERENCE TITLE: contractors; complaints by homebuyers |
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State of Arizona House of Representatives Fiftieth Legislature First Regular Session 2011
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HB 2278 |
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Introduced by Representative Pratt
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AN ACT
amending sections 12‑1365 and 32‑1155, Arizona Revised Statutes; relating to contractors.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 12-1365, Arizona Revised Statutes, is amended to read:
12-1365. Notification; right to file a complaint with the registrar of contractors
A. A written contract for the sale of a newly constructed dwelling between a buyer of a newly constructed dwelling and the seller responsible for the original construction of the dwelling shall contain, or provide separate notice of, the following provision:
Under Arizona Revised Statutes section 32‑1155, a buyer of a dwelling has the right to file a written complaint against the homebuilder with the Arizona registrar of contractors within two years after substantial completion of the dwelling by the homebuilder, the close of escrow or actual occupancy, whichever occurs first, for the commission of an act in violation of Arizona Revised Statutes section 32‑1154, subsection A.
B. The notice required in subsection A of this section shall be prominently displayed and appear in at least ten point bold type.
C. The buyer of the dwelling is not deemed to have received the notice required pursuant to subsection A of this section unless the buyer initials the notice provision.
Sec. 2. Section 32-1155, Arizona Revised Statutes, is amended to read:
32-1155. Filing of complaint; resolution of complaint; service of notice; failure to answer; prohibited citations
A. Upon On the filing of a written complaint with the registrar charging a licensee with the commission, within two years prior to before the date of filing the complaint, of an act that is cause for suspension or revocation of a license, the registrar after investigation may issue a citation directing the licensee, within ten days after service of the citation upon on the licensee, to appear by filing with the registrar the licensee's written answer to the citation and complaint showing cause, if any, why the licensee's license should not be suspended or revoked. Service of citation upon on the licensee shall be fully effected by personal service or by mailing a true copy thereof, together with a true copy of the complaint, by registered mail in a sealed envelope with postage prepaid and addressed to the licensee at the licensee's latest address of record in the registrar's office. Service of the citation and complaint shall be complete at the time of personal service or five days after deposit in the mail. The two year period prescribed by this subsection shall commence on the earlier of the substantial completion of, the close of escrow for or the actual occupancy for new home or other new building construction and otherwise shall commence on completion of the specific project.
B. Failure of the licensee to answer within ten days after service shall be deemed an admission by the licensee of the licensee's commission of the act or acts charged in the complaint and the registrar may then suspend or revoke the licensee's license.
C. The registrar shall not issue a citation for failure to perform work in a professional and workmanlike manner or in accordance with any applicable building codes and professional industry standards if either:
1. The contractor is not provided an opportunity to inspect the work within fifteen days after receiving a written notice from the registrar.
2. The contractor's work has been subject to neglect, modification or abnormal use.