HIGHLAND VILLAGE PARTNERS, L.L.C., a Delaware limited liability company, Plaintiff/Appellant, v. BRADBURY & STAMM CONSTRUCTION COMPANY, INC., a New Mexico corporation, Defendant/Appellee., 219 Ariz. 147

Summary

On review, the owner contended summary judgment in favor of the contractor was improper as the owner had been expressly assigned the original owner's warranty rights. The appellate court agreed that the owner was not precluded from filing suit for breach of the implied warranty pursuant to the express assignment of the original owner's warranty rights. The original owner assigned to the owner its contract rights rather than an existing claim. Therefore, to the extent the original owner possessed rights under the implied warranty of workmanship and habitability prior to the assignment, the owner possessed those rights.