Fifty-third Legislature                               Judiciary and Public Safety

Second Regular Session                                                  S.B. 1210

 

PROPOSED

HOUSE OF REPRESENTATIVES AMENDMENTS TO S.B. 1210

(Reference to Senate engrossed bill)

 


Strike everything after the enacting clause and insert:

"Section 1.  Title 12, chapter 8, article 14, Arizona Revised Statutes, is amended by adding section 12-1364, to read:

START_STATUTE12-1364.  Dwelling action; attorney fees

Notwithstanding any other law, in a contested dwelling action that is based on an implied warranty arising out of the contract or the construction, including an implied warranty of habitability, fitness or workmanship, each party shall bear its own attorney fees.  This section does not alter, prohibit or restrict present or future contracts that may provide for the recovery of attorney fees.

Sec. 2.  Retroactivity

This act applies retroactively to from and after May 31, 2018.

Sec. 3.  Severability

If a provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act that can be given effect without the invalid provision or application, and to this end the provisions of this act are severable."

Amend title to conform


 

EDDIE FARNSWORTH

 

1210FARNSWORTH E1

03/19/2018

12:33 PM

C: sp