Hayden Bus. Ctr. Condo. Ass'n v. Pegasus Dev. Corp
In Hayden Bus. Ctr. Condo. Ass'n v. Pegasus Dev. Corp., 209 Ariz. 511, 512-13, P8, 105 P.3d 157, 158-59 (App. 2005), the Court held that "the Richards exception to the privity requirement applies only to homebuilder-vendors." 209 Ariz. at 513, P12, 105 P.3d at 159 (finding privity required for implied warranty claim in commercial construction).
The Court relied in part on Menendez v. Paddock Pool Construction Co., 172 Ariz. 258, 270, 836 P.2d 968, 980 (App. 1991), in which this court stated that "Richards and its progeny expanded implied warranty liability for the homebuilder-vendor but failed to address non-owner subcontractors like the defendant in that case." Hayden, 209 Ariz. at 513, P12, 105 P.3d at 159.
The Court also interpreted Menendez to "indicate that Richards would not apply where a homebuilder was not also a vendor." Id. at 513, P13, 105 P.3d at 159.