Arizona Revised Statutes
Ariz. Rev. Stat. § 32-1153 (2026)
Proof of license as prerequisite to civil action
✓ current as of May 2026
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No contractor as defined in section 32-1101 shall act as agent or commence or maintain any action in any court of the state for collection of compensation for the performance of any act for which a license is required by this chapter without alleging and proving that the contracting party whose contract gives rise to the claim was a duly licensed contractor when the contract sued upon was entered into and when the alleged cause of action arose.
Notes of Decisions
Cited in 61
cases (4 in the last 5 years), 1956–2025 · leading case: Crowe v. Hickman's Egg Ranch, Inc., 41 P.3d 651 (Ariz. Ct. App. 2002).
Crowe v. Hickman's Egg Ranch, Inc., 41 P.3d 651 (Ariz. Ct. App. 2002). “The legislature enacted A.R.S. § 32-1153 "to protect the public from unscrupulous, unqualified, and financially irresponsible contractors.”
Smith v. Pinnamaneni, 254 P.3d 409 (Ariz. Ct. App. 2011). “failed to prove it was properly licensed in compliance with A.R.S. § 32-1153. 5 We disagree. As we explain, a contractor’s lack of licensure is an affirmative defense subject to waiver, and Defendants waived this defense by failing to raise it in the arbitration.”
Bentivegna v. Powers Steel & Wire Prods., Inc., 81 P.3d 1040 (Ariz. Ct. App. 2004). “For the fokowing reasons, we conclude that the Bentivegnas’ breach of contract and breach of warranty claims are not barred by the doctrine of exhaustion of administrative remedies, but that A.R.S. § 32-1153 does not support their claim for restitution.”
B & P Cpncrete, Inc. v. Turnbow, 561 P.2d 329 (Ariz. Ct. App. 1977). “The trial court dismissed the action following a motion for summary judgment on the ground that B & P was not a duly licensed contractor and was barred from suit by reason of A.R.S. § 32-1153. The complaint of B & P alleges, in substance, that in March, 1972, Appellees Hutcheson…”
Aesthetic Prop. Maint., Inc. v. Capitol Indem. Corp., 900 P.2d 1210 (Ariz. 1995). “We are asked to decide whether substantial compliance with our contractor licensing statute can satisfy the licensing prerequisite to a civil action under A.R.S. § 32-1153. We hold that it can. I.”
Baker v. Dolphin Beach Rental & Mgmt., LLC, 233 P.3d 636 (Ariz. Ct. App. 2010). “Because we conclude that A.R.S. § 32-1153 does not apply to contracting work in Mexico, we reverse and remand for further proceedings.”
Wb, the Bldg. Co., LLC. v. El Destino, 257 P.3d 1182 (Ariz. Ct. App. 2011). “”) section 32-1151 (2008) and that WB was barred from obtaining relief pursuant to A.R.S. § 32-1153 (2008). WB responded that a stay of arbitration would be inappropriate as the issue of whether the contract was valid was a matter for the arbitrator alone to decide, and not one…”
Earthworks Contracting, Ltd. v. Mendel-Allison Constr. of California, Inc., 804 P.2d 831 (Ariz. Ct. App. 1990). “Defendants moved to dismiss the amended complaint, arguing that Earthworks was precluded by A.R.S. § 32-1153 1 from receiving any compensation for any work it had performed on the project because it lacked a license.”
Twin Peaks Constr. Inc. v. Weatherguard Metal Constr., Inc., 154 P.3d 378 (Ariz. Ct. App. 2007). “Twin Peaks argues a conflict exists between A.R.S. § 32-1153 and A.R.S. § 32-1154, and both the Registrar and the superi- or court incorrectly interpreted § 32-1153 to preclude Twin Peaks’s asserted defense based on that statute.”
Town of Gilbert Prosecutor's Off. v. Downie, 189 P.3d 393 (Ariz. 2008). “[7] The concern has been raised that requiring defendants to pay as restitution the full amount of consideration received for their services may encourage homeowners to knowingly hire unlicensed contractors because upon conviction for contracting without a license, the defendant…”
All Am. Sch. Supply Co. v. Slavens, 609 P.2d 46 (Ariz. 1980). “The resolution of the scope of the C-23 license held by All American is crucial to their recovery for if not properly licensed, A.R.S. § 32-1153 * would totally preclude their suit.”
Marston's Inc. v. Roman Catholic Church of Phoenix, 644 P.2d 244 (Ariz. 1982). “Marston’s claim was dismissed for failure to state a claim upon which relief could be granted because Marston’s had failed to allege and prove that it held a contractor’s license as it was required to do under A.R.S. § 32-1153. Marston’s then filed an amended complaint, alleging…”
— Ariz. Rev. Stat. § 32-1153(1996) — 1 case
Crowe v. Hickman's Egg Ranch, Inc., 41 P.3d 651 (Ariz. Ct. App. 2002). “The legislature enacted A.R.S. § 32-1153 "to protect the public from unscrupulous, unqualified, and financially irresponsible contractors.”
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