A.R.S. 32-1160: The Notice You Must Send Before Suing Over Termite Damage

If a termite-control contractor treated your home and termites still caused damage, A.R.S. 32-1160 says you cannot go straight to court. You first have to send the contractor written notice and give them a chance to fix it. This pre-suit notice rule exists to settle termite disputes through repair instead of litigation. This page walks through every deadline in the process and what happens if you skip a step.

What this statute says

A.R.S. 32-1160 requires a claimant to deliver written notice to the contractor at least 30 days before filing a lawsuit for termite damage. The notice has to spell out the problem in reasonable detail. Here is the core timing rule:

the claimant shall... give written notice... at least thirty days before filing an action

Once the contractor receives that notice, a clock starts on their side too. The contractor has 10 days to either ask for access to inspect the property or send you a written settlement offer describing the repair and treatment work they propose. If you accept a settlement offer in writing, the contractor must complete the agreed repairs within 45 days of receiving your acceptance, unless you cause the delay or something outside the contractor's control gets in the way.

What the deadlines mean for you

Walk it through with real dates. For example, suppose you discover termite damage in your Cave Creek home on June 1 and the company had treated the house under a warranty. You send written notice on June 2 describing the damaged areas. The contractor has until roughly June 12 to ask to inspect or to offer a settlement. If they offer to treat and repair the framing at their expense and you accept in writing on June 20, the repairs must be done by about August 4 (45 days later).

Two consequences make following the steps important. First, the notice and inspection are not optional courtesies. If you fail to give written notice, or you refuse to let the contractor inspect, the statute creates a rebuttable presumption that the damage could have been mitigated, which can shrink what you recover. Second, the 30-day notice is not required if you would otherwise blow past the statute of limitations, or if you are raising the termite claim as a counterclaim. In those situations you can file first.

How this connects to other rules

This section is a homeowner-protection mirror of the termite contractor's licensing duties under the Registrar of Contractors. Termite and pest control on structures is licensed work, so the same complaint and discipline tools apply. If a contractor refuses to honor the process, you can also file a complaint with the Registrar of Contractors under A.R.S. 32-1155, and a pattern of bad work is grounds for discipline under A.R.S. 32-1154. Because this is a structural construction defect question, the same evidence (inspection reports, photos, the original treatment contract) drives both the repair offer and any ROC complaint. For how the complaint side works, see how to file an ROC complaint and recovery fund claim , and to confirm the company is licensed, see how to verify an Arizona contractor license with the ROC .

Full text and source

Read the current section, including the exact notice and offer wording, on the legislature's site: View A.R.S. 32-1160 on azleg.gov .

How the rule applies to a specific termite claim depends on the facts, so confirm your situation with a qualified attorney before relying on it.