Fry's Food Stores of Arizona, Inc. v. Mather & Associates, Inc.

OPINION

FIDEL, Presiding Judge.

Arizona Revised Statutes Annotated (“A.R.S.”) § 12-552—the construction statute of repose—is limited by its terms to actions “based in contract.” Does the statute apply to tort claims to recover property damage allegedly caused by the negligent performance of construction contracts? We hold that it does not.

I. Facts and Procedural History

These consolidated appeals arise from dismissal of plaintiffs’ complaint for failure to state a cause of action. See Ariz.R.Civ.P. 12(b)(6), 16 A.R.S. In reviewing an order of dismissal pursuant to Rule 12(b)(6), we accept as…