AA MECHANICAL v. Superior Court

While I agree with the result this court reached in Hunter Contracting Co. v. Superior Court, 190 Ariz. 318, 947 P.2d 892 (App. 1997), I do not agree with its analysis, and I do not agree that A.R.S. § 12-2602 is unconstitutional. In my view, the Hunter opinion imprudently extended the intended reach of *366the statute which resulted in the conclusion that it infringed on the- fundamental right to pursue a damage action. This stretch put review into the fatal category of strict scrutiny. Once the weapon of strict scrutiny was brought to bear, this statute was, as they say, history.

The cases…