A.R.S. 32-1162: The 2-Year Deadline to File an ROC Complaint

The ROC will not chase an old complaint. A.R.S. 32-1162 puts a two-year deadline on filing a complaint against a contractor, and the date the clock starts depends on the kind of project. For a new home it is close of escrow or move-in, whichever comes first. For everything else it is the day the project was finished. This page explains both triggers so you file in time and keep the Registrar of Contractors (the ROC ) able to help.

The two-year limit and when it starts

The deadline is two years, but the trigger date is not the same for every job. The statute splits it. For new construction:

...within two years after the earlier of the close of escrow or actual occupancy.

For all other projects, like a remodel or repair:

...within two years after the completion of the specific project.

So for a brand-new home, the clock starts at the earlier of close of escrow or the day you actually move in. For a remodel, addition, or pool, it starts when that specific project is complete. Either way, you have two years from that point to file your complaint with the ROC.

What this means for you

Say you close escrow on a new home in Scottsdale on March 1 and move in April 15. The trigger is the earlier date, close of escrow, so your two years runs from March 1. A defect you discover 25 months later is past the ROC deadline, even if the work was clearly bad. Now take a kitchen remodel in Mesa finished on June 1. Your two years runs from that completion date.

Two practical moves. First, write down your trigger date the day it happens: the close-of-escrow date or the project completion date. That single date controls everything. Second, do not let an attempt to work it out with the contractor eat your two years. Negotiations can drag, and the deadline keeps running. If you are getting close to two years with no fix, file the complaint to protect your rights, then keep talking.

How this connects to the rest of contractors law

This deadline governs the ROC complaint you file under A.R.S. 32-1155 , charging grounds listed in A.R.S. 32-1154 . It is a different clock from the recovery fund lawsuit deadline in A.R.S. 32-1133 , so do not assume meeting one covers the other. For the full path and how these deadlines stack, see how to file an ROC complaint and recovery fund claim and the new home builder warranty in Arizona .

Full text and source

Read the current version on the legislature's site: View A.R.S. 32-1162 on azleg.gov .

How the deadline applies to your project depends on the facts, so confirm with the ROC or a qualified attorney before relying on it.