# A.R.S. § 12-552: 12-552 Actions involving development of real property design, engineering and construction of improvements > Arizona · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_AZ_T12_C5_A3_S552 ## Section - **Citation:** A.R.S. § 12-552 - **Heading:** 12-552 Actions involving development of real property design, engineering and construction of improvements - **Jurisdiction:** Arizona - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Arizona Code / Title 12 / Chapter 5 / Article 3 / Section 552 ## Text 12-552. Actions involving development of real property design, engineering and construction of improvements A. Notwithstanding any other statute, an action or arbitration based in contract may not be instituted or maintained against a person who develops or develops and sells real property, or performs or furnishes the design, specifications, surveying, planning, supervision, testing, construction or observation of construction of an improvement to real property more than eight years after substantial completion of the improvement to real property. B. Notwithstanding any other statute, a municipality or a county may not institute or maintain an action or arbitration against a person who develops or develops and sells real property or performs or furnishes the design, specifications, surveying, planning, supervision, testing, construction or observation of construction of an improvement to real property that is dedicated to the municipality or county more than eight years after the improvement to real property has been accepted by the municipality or county for ownership, operation and maintenance if the action or arbitration is based on either: 1. A municipal or county code, ordinance or other legal requirement. 2. A permit that is required as a condition of development. C. The limitations of subsection B of this section do not apply to an action or arbitration that is based on a claim of a wilful, reckless or concealed violation of a municipal or county requirement. D. Subsection B of this section does not limit any immunity or defense that is available to a municipality or county pursuant to chapter 7, article 2 of this title. E. Notwithstanding subsection A or B of this section, in the case of injury to real property or an improvement to real property, if the injury occurred during the eighth year after the substantial completion or, in the case of a latent defect, was not discovered until the eighth year after substantial completion, an action to recover damages for injury to the real property may be brought within one year after the date on which the injury to real property or an improvement to real property occurred or a latent defect was discovered, but an action may not be brought more than nine years after the substantial completion of the improvement. F. The limitations in subsections A, B and E of this section include any action based on implied warranty arising out of the contract or the construction, including implied warranties of habitability, fitness or workmanship. G. This section does not apply to actions for personal injury or death or shorten the period of warranty provided in an express written warranty. H. For the purposes of subsections A, E and F of this section, an improvement to real property is considered substantially complete when any of the following first occurs: 1. It is first used by the owner or occupant of the improvement. 2. It is first available for use after having been completed according to the contract or agreement covering the improvement, including agreed changes to the contract or agreement. 3. Final inspection, if required, by the governmental body that issued the building permit for the improvement. I. In this section an action based in contract is an action based on a written real estate contract, sales agreement, construction agreement, conveyance or written agreement for construction or for the services set forth in subsection A of this section. This section does not extend the period prescribed by the laws of this state for bringing any action. If a shorter period of limitation is prescribed for a specific action, the shorter period governs. ction based on a written real estate contract, sales agreement, construction agreement, conveyance or written agreement for construction or for the services set forth in subsection A of this section. This section does not extend the period prescribed by the laws of this state for bringing any action. If a shorter period of limitation is prescribed for a specific action, the shorter period governs. J. With respect to an improvement to real property that was substantially complete on or before September 15, 1989, the eight and nine-year periods established in subsections A and E of this section shall begin to run on September 15, 1989. Notwithstanding the provisions of subsection H of this section and section 12-505, subsection A, this subsection applies to claims that accrued before May 14, 1992. ## Nearby sections - [A.R.S. § 12-541 12-541 Malicious prosecution; false imprisonment; libel or slander; seduction or breach of promise of marriage; breach of employment contract; wrongful termination; liability created by statute; one year limitation](https://www.frixlaw.com/law-library/statutes/STATE_AZ_T12_C5_A3_S541.md) - [A.R.S. § 12-542 12-542 Injury to person; injury when death ensues; injury to property; conversion of property; forcible entry and forcible detainer; two year limitation](https://www.frixlaw.com/law-library/statutes/STATE_AZ_T12_C5_A3_S542.md) - [A.R.S. § 12-543 12-543 Oral debt; stated or open account; relief on ground of fraud or mistake; three year limitation](https://www.frixlaw.com/law-library/statutes/STATE_AZ_T12_C5_A3_S543.md) - [A.R.S. § 12-544 12-544 Bond to convey realty; partnership account; account between merchants; judgment or instrument given or made without the state; four year limitation](https://www.frixlaw.com/law-library/statutes/STATE_AZ_T12_C5_A3_S544.md) - [A.R.S. § 12-545 12-545 Bond of personal representative or guardian; four year limitation](https://www.frixlaw.com/law-library/statutes/STATE_AZ_T12_C5_A3_S545.md) - [A.R.S. § 12-546 12-546 Specific performance of contract to convey realty; four year limitation](https://www.frixlaw.com/law-library/statutes/STATE_AZ_T12_C5_A3_S546.md) - [A.R.S. § 12-547 12-547 Failure to make return on execution; five year limitation](https://www.frixlaw.com/law-library/statutes/STATE_AZ_T12_C5_A3_S547.md) - [A.R.S. § 12-548 12-548 Contract in writing for debt; six year limitation; choice of law](https://www.frixlaw.com/law-library/statutes/STATE_AZ_T12_C5_A3_S548.md) - [A.R.S. § 12-549 12-549 Foreign judgment](https://www.frixlaw.com/law-library/statutes/STATE_AZ_T12_C5_A3_S549.md) - [A.R.S. § 12-550 12-550 General limitation](https://www.frixlaw.com/law-library/statutes/STATE_AZ_T12_C5_A3_S550.md) - [A.R.S. § 12-551 12-551 Product liability](https://www.frixlaw.com/law-library/statutes/STATE_AZ_T12_C5_A3_S551.md) - [A.R.S. § 12-552 12-552 Actions involving development of real property design, engineering and construction of improvements](https://www.frixlaw.com/law-library/statutes/STATE_AZ_T12_C5_A3_S552.md) - [A.R.S. § 12-553 12-553 Limited liability of equine owners and owners of equine facilities; exception; definitions](https://www.frixlaw.com/law-library/statutes/STATE_AZ_T12_C5_A3_S553.md) - [A.R.S. § 12-554 12-554 Limited liability; baseball facilities; definitions](https://www.frixlaw.com/law-library/statutes/STATE_AZ_T12_C5_A3_S554.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_AZ_T12_C5_A3_S552. 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