Albano v. Shea Homes Ltd. Pshp., No. 09-15808 - U.S. Ninth Circuit
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Albano v. Shea Homes Ltd. Pshp., No. 09-15808

Defective Construction Action

In Albano v. Shea Homes Ltd. Pshp., No. 09-15808, an action asserting defective construction claims against a developer, the court certified the following questions to the Arizona Supreme Court, 1) does the filing of a motion for class certification in an Arizona court toll the statute of limitations for individuals, who are included within the class, to file individual causes of action involving the same defendants and the same subject matter?; 2) if so, does this class-action tolling doctrine apply to statutes of repose, and more specifically, to the statute of repose for construction defects set forth in Arizona Revised Statute section 12-552?; 3) if the doctrine applies to statutes of repose, and specifically Arizona Revised Statute section 12-552, may a court weigh the equities of the case in determining whether, and to what extent, an action is tolled?

 

As the court wrote:  "Alfred Albano and two other homeowners in a Gilbert, Arizona subdivision seek review of the district court's judgment holding that their defective construction claims against the developer, Shea Homes Limited Partnership, are barred by the Arizona state statute of repose."

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