Hershey v. Rich Rosen Construction Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that because a stucco exterior has a normal life expectancy in the Arizona desert of thirty to fifty years the trial court did not err in its factual determination that the implied warranty of habitability reasonably extended twelve years beyond the date of construction
• noting in dictum that an amended statute of limitations cannot apply retroactively to suit filed before the effective date of the act
• “[T]he duration that an implied warranty will exist is a factual determination that will depend, in part, on the life expectancy of the questioned component in a non-defective condition.”

Source: CourtListener parenthetical corpus (CC0).