BWB&O’s Arizona office recently utilized the statutory Purchaser Dwelling Act (“PDA”) to
successfully defend a lawsuit against the firm’s general contractor client. In the case, Managing
Partner John Belanger and Associate Terry Straughn twice prevailed on motions to dismiss, the
second of which resulted in a complete dismissal. In September 2018, the Court granted the
first motion, which argued that Plaintiff failed to comply with the statutory prerequisites before
filing litigation. The Judge ordered dismissal, without prejudice, to allow Plaintiff to comply
with the PDA right-to-repair process. However, while the first motion was pending, the statute
of limitations expired.
Plaintiff filed an amended complaint in January 2020, attempting to bring BWB&O’s client back
into the case. Mr Belanger and Mr. Straughn filed the second motion, arguing that the PDA
statute is clear—if an action is dismissed after the statute of limitations runs, any subsequent
action by the homeowner is time barred. The Court agreed and granted the second motion,
dismissing the case with prejudice, and awarding attorney fees and costs. BWB&O was able to
use the fee and cost award as leverage to convince Plaintiff to forego any appeal and obtain a
final judgment in the client’s favor.
Congratulations to BWB&O’s Arizona team on a successful motion to dismiss resulting in a