Evans Withycombe, Inc. v. Western Innovations, Inc.

OPINION

SNOW, Judge.

¶ 1 A contractor, Evans Withycombe, Inc., appeals the dismissal of its third-party complaint against its subcontractors based on Arizona Revised Statutes (“A.R.S.”) section 12-552 (2003), a statute of repose. Because § 12-552 bars Evans Withycombe’s contract-based claims against its subcontractors, we affirm in part. Because it does not bar Evans Withycombe’s common-law indemnity claims against its subcontractors, we reverse in part and remand for further proceedings.

FACTUAL AND PROCEDURAL HISTORY

¶2 Ira and Wilma Weiss purchased a home in the Meridian at McCormick Ranch.…