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The King's Time Is Up: Arizona Supreme Court Holds That the Statute of Repose Bars Untimely Claims by State Entities and Overrides the Doctrine of Nullum Tempus Occurrit Regi

City of Phoenix v. Glenayre Elecs., Inc., 2017 Ariz. LEXIS 121 (Ariz. May 10, 2017)

Author: Kristopher Berr

7/20/2017

Read the full post at Constructlaw

The King's Time Is Up: Arizona Supreme Court Holds That the Statute of Repose Bars Untimely Claims by State Entities and Overrides the Doctrine of Nullum Tempus Occurrit Regi

Between 1960 and 2000, Carlos Tarazon (Tarazon) performed work installing and repairing water piping for various contractors and developers in the City of Phoenix, Arizona (the City). In 2013, after developing mesothelioma from exposure to asbestos while working on these projects, Tarazon filed a personal injury suit against numerous defendants, including the City and the various contractors and developers for whom he had worked.

The City filed a third-party complaint against the contractors and developers, alleging that they had agreed to defend and indemnify the City against negligence claims relating to these projects. With respect to the contractors, their various contracts with the City each expressly required the contractor to indemnify the City from all suits arising from their work. 

The City brought these indemnity claims more than eight years after the completion of the construction projects at issue. 

 

Written with assistance by Lula Weldekidan. Ms. Weldekidan is a 2017 Summer Associate in the Construction Practice of Pepper Hamilton LLP. She is not admitted to practice law.