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Hershey v. Rich Rosen Construction Co.
Citation:
817 P.2d 55 (1991)Facts
Rich Rosen Construction Company completed construction of a single-family residence and sold it to the initial purchaser on April 1, 1976. The stucco application was defective, lacking proper reinforcement wire, adequate depth, and weather-approved materials in violation of the Uniform Building Code. In 1985, the initial owner sold the house to a second owner who added a room. The Hersheys rented the house for six months beginning November 1985 and purchased it in May 1986 after conducting a walk-around inspection that revealed no visible defects. In April or May 1987, plaintiffs noticed bulging stucco, and after a heavy rainstorm in August 1987, stucco began falling off in chunks. Expert analysis revealed the stucco application was severely defective with fifty to sixty percent delamination, and that properly applied stucco should last thirty to fifty years in Arizona’s climate. The defect was not discoverable by lay inspection until it manifested in 1987.
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