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EVANS WITHYCOMBE v. WESTERN INNOVATIONS

No. 1 CA-CV 04-0196.

133 P.3d 1168 (2006)

212 Ariz. 462

EVANS WITHYCOMBE, INC., an Arizona corporation n/k/a Evans Withycombe Management, Inc., an Arizona corporation, Third Party Plaintiff-Appellant, v. WESTERN INNOVATIONS, INC., an Arizona corporation; Construction Inspection & Testing Co., Inc., an Arizona corporation, Third Party Defendants-Appellees.

Court of Appeals of Arizona, Division 1, Department D.

May 11, 2006.

Attorney(s) appearing for the Case

Doyle Berman Gallenstein, P.C. By William H. Doyle, Dennis A. Bell, Phoenix, and Springel & Fink, LLP By Leonard T. Fink, Scottsdale, Attorneys for Third Party Plaintiff-Appellant.

Schneider & Onofry, P.C. By Jonathan D. Schneider, Jason M. Kelly, Phoenix, Attorneys for Third Party Defendants-Appellees Western Innovations, Inc.

Tryon, Heller & Gaughan, P.C. By G. Michael Tryon, Phoenix, Attorneys for Third Party Defendants-Appellees Construction Inspection & Testing Co., Inc.

OPINION

SNOW, Judge.

¶ 1 A contractor, Evans Withycombe, Inc., appeals the dismissal of its third-party complaint against its subcontractors based on Arizona Revised Statutes ("A.R.S.") section 12-552 (2003), a statute of repose. Because § 12-552 bars Evans Withycombe's contractbased claims against its subcontractors, we affirm in part. Because it does not bar Evans Withycombe's common-law indemnity...

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