What does a builder warranty cover for new home plumbing in Arizona?

Exactly what its text says. There's no standard Arizona builder warranty, so the only way to know what yours covers is to read it. Look for these parts:

• The coverage periods. Find the period that applies to plumbing piping and the one for fixtures. They may not be the same.
• What counts as plumbing. Supply pipes, drain lines, fixtures, the water heater, and the sewer line out to the street may each be treated differently.
• Exclusions. Look for language on damage from owner changes, lack of maintenance, and items covered by a manufacturer's warranty instead.
• How to file. Most warranties require written notice, sometimes through a portal, within a set time after you find the problem.

Appliances attached to the house are often handed off to their makers' warranties. That split follows federal law. The Magnuson-Moss Warranty Act rule covers "separate items of equipment attached to real property, such as air conditioners, furnaces, and water heaters." It says that coverage "does not extend to the wiring, plumbing, ducts, and other items which are integral component parts of the structure." So a failed water heater usually goes to its manufacturer, while a leaking pipe in the wall goes to the builder.

A builder warranty is also different from the home warranty a seller or agent may offer, which is a service contract you buy. Our page on whether a home warranty covers plumbing covers that product.

Workmanship and habitability, on every new home. The Arizona Court of Appeals set the rule in 1979: "We therefore hold as to new home construction, that the builder-vendor impliedly warrants that the construction was done in a workmanlike manner and that the structure is habitable." In 1984 the Arizona Supreme Court extended it to later buyers. The court said it is "limited to latent defects which become manifest after the subsequent owner’s purchase and which were not discoverable had a reasonable inspection of the structure been made prior to purchase." So if you bought a nearly new home from its first owner, a hidden plumbing defect can still fall under the builder's implied warranty.

Arizona's statute on claims against home sellers spells out what counts. Under A.R.S. 12-1361, a construction defect is a material deficiency that results from one of three things:

• "A violation of construction codes applicable to the construction of the dwelling," and "construction codes" expressly includes "plumbing" codes.
• "The use of defective materials, products, components or equipment."
• "The failure to adhere to generally accepted workmanship standards in the community."

The statute also says "A dwelling includes the systems, other components and improvements that are part of a single or multifamily unit at the time of construction." That brings the plumbing system in. And the repair-first process doesn't take the implied warranty away: A.R.S. 12-1362 says it "does not alter the seller's liability under the seller's implied warranty to the purchaser."

### What plumbing problems are typical defect claims?

Anything that traces back to how the home was built rather than how it was used. Examples include a slab or wall leak at a fitting, drains with too little slope that back up, missing or failed pressure-reducing valves, and venting that lets drains gurgle or smell. Water pressure is a good example of a code item: the plumbing code, in Section 604.8, says that where pressure "exceeds 80 psi (552 kPa) static, an approved water pressure-reducing valve" must be installed. Our page on whether you need a pressure-reducing valve explains how to check yours.

Start with the written warranty's own process. If that fails, Arizona's notice and opportunity to repair law applies before any lawsuit. A.R.S. 12-1362 says "a purchaser must first comply with this article before filing a dwelling action." Under A.R.S. 12-1363:

1. 1Send written notice. The statute says the purchaser "shall give written notice by certified mail, return receipt requested, to the seller specifying in reasonable detail the basis of the dwelling action."
2. 2Allow an inspection. The builder may inspect, and the purchaser must make the home available "not later than ten days after" receiving the request.
3. 3Wait for the response. "Within sixty days after receipt of the notice," the builder must send "a good faith written response," which can offer to repair, replace, or pay.
4. 4Coordinate repairs. If the builder offers to repair, the parties coordinate within thirty days, and the statute calls for "reasonable efforts to begin repairs or replacements within thirty-five days" of the builder's notice.

If the builder doesn't answer, the statute is direct: "If the seller does not provide a written response to the purchaser's notice within sixty days, the purchaser may file a dwelling action."

Keep records from the start: photos, dates, plumber's reports, and copies of every letter.

It depends on which path you use:

A.R.S. 12-552 bars claims "more than eight years after substantial completion of the improvement to real property," and says that limit includes "implied warranties of habitability, fitness or workmanship." There's a short extension for defects that show up in year eight, but "an action may not be brought more than nine years after the substantial completion of the improvement." The same statute says it does not "shorten the period of warranty provided in an express written warranty."

The Registrar of Contractors (ROC) path is faster and shorter. A.R.S. 32-1162 says a complaint must be filed "For new home builds or other new building construction, within two years after the earlier of the close of escrow or actual occupancy." See how to file a complaint against a contractor in Arizona. If a licensed builder's violation damaged your home and you can't collect, the state's Residential Contractors' Recovery Fund may help. A.R.S. 32-1132 limits it to owners who occupy or intend to occupy the home as a primary residence, and to certain companies. See how to claim from the ROC Recovery Fund.

Get the plumbing checked while you still have coverage. The Arizona Department of Real Estate also suggests buyers "look up the homebuilder with the Arizona Registrar of Contractors regarding their contractor status," which you can do before you buy. See how to verify a plumber's ROC license.

A pre-expiration plumbing check covers:

• Static water pressure, with a gauge on a hose bib.
• The water heater: its installation, venting, and relief valve drain.
• Visible supply and drain connections under sinks and at the water heater for slow leaks.
• Drains that run slow, gurgle, or smell.
• The water meter, watched with all fixtures off, to catch a hidden leak.

Write up anything you find and send it to the builder in writing before the coverage ends. Our first-time homeowner plumbing guide covers where the shutoffs and other key parts are.

HQ Plumbing & Air inspects new-home plumbing across the Phoenix area, documents what we find in writing, and repairs leaks, pressure and drain problems. We're licensed and insured, with free estimates and upfront pricing. See our residential plumbing services.

Read your written warranty, remember the implied one behind it, and put every claim in writing before the clock runs out.