Glossary · Activities & Property
Existing property
In short
Real property that already has prior construction. MRRA can only exist on existing property.
In full
Existing property is real property that already carries prior construction. It decides which treatments are available at all: MRRA can exist only on existing property, and work where nothing previously existed is Modification.
The term does a great deal of work and the statute never defines it. A.R.S. § 42-5075 uses it in the definition of alteration at (S)(1), in the definition of replacement at (S)(11), and in the MRRA exclusion itself at (P) — and in the definition of modification at (S)(6)(b) — while (S) itself defines alteration, contracting, contractor, manufactured building, manufactured building dealer, modification, modify, owner, prime contracting, prime contractor, replacement and sale of a used manufactured building, twelve terms, without reaching this one.
What fills the gap is ADOR's illustration rather than statutory text. A newly built block wall is not existing property while it is being built; stuccoing that same wall a month later is work on existing property. The same physical object moves from one side of the line to the other once its own construction is complete.
That has a consequence on a single project. Work performed on a structure during its original construction is part of that construction, not maintenance of it, however much it resembles maintenance in isolation.
A.R.S. § 42-5075(P), (S)(1), (S)(11); ADOR MRRA Contracting