Woodward v. Chirco Const. Co., Inc
In Woodward v. Chirco Const. Co., Inc., 141 Ariz. 514, 687 P.2d 1269 (1984), homeowners sued the builder of their house for negligence and breach of the implied warranty of workmanlike performance and habitability. Woodward, 141 Ariz. at 515, 687 P.2d at 1270.
The court dismissed the negligence claim but held that a claim based on the implied warranty was contractual in nature and distinct from a tort claim based upon a builder's breach of a common law duty of care. Id. at 515-16, 687 P.2d at 1270-71.
The court discussed the differences between contract and tort causes of action and found that a "purchaser of a home can seek to recover in contract for defects in the structure itself as such defects render the home less than the purchaser bargained for." Id. at 516, 687 P.2d at 1271.
The purchaser can also "seek to recover in tort for injuries sustained due to the contractor's failure to construct the home as a reasonable contractor would." Id.