Ariz. Court Reinstates Homeowners' Contract Claim Against Remediator

PHOENIX - An Arizona appellate court has reversed summary judgment awarded to a repair firm on a breach of contract claim, saying that inconsistencies in the company's own description of the contract raised issues of fact that can't be resolved by summary judgment. Herald v. Stancil, et al., No. 1 CA-CV 07-0338 (Ariz. Ct. App., Div. 1).

The Court of Appeals, Division One, on May 6 reinstated contract claims by Steve and Lucy Herald against Alliance Restoration and Construction Inc. over repairs necessitated by a leaky plumbing fitting.

The Heralds say they retained Alliance to repair damaged building materials and …