Eric Spencer

Eric Spencer

Snell & Wilmer

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Sellers Cannot Look to the Appraiser When Lenders Pull the Plug on a Prospective House Flip

An outgrowth of Arizona’s housing downturn in recent years has been the proliferation of would-be real estate investors who purchase, renovate and flip residential properties. On the other hand, in part to prevent the next...more

4/11/2014 - Appraisal House Flipping Investor Lenders Mortgages

Recent Legal Decisions Prove That Your Experience Modification Rate Matters More Than Ever

Some contractors no doubt experienced sticker shock when their most recent workers’ compensation audit came back with a higher-than-expected Experience Modification Rate, or EMR, that raised their insurance premium despite...more

3/12/2014 - Audits Contractors GAO Premiums

Arizona Court of Appeals Holds That Certain Residential Developers Are Not Protected By The Anti-Deficiency Statute After...

Nearly three years ago, in M&I Marshall & Isley Bank v. Mueller, the Arizona Court of Appeals held that the Arizona anti-deficiency statute protects a borrower who started, but never completed, construction of a single-family...more

1/27/2014 - Anti-Deficiency Provisions Borrowers Deed of Trust Foreclosure Land Developers Land Titles Mortgages

Arizona Court of Appeals Gives Contractor the Edge over Certain Lenders in Mechanic’s Lien Foreclosure Lawsuit

In lien foreclosure lawsuits involving lenders and contractors, priority is everything. Where you stand in terms of priority will not necessarily determine when you get paid, but rather will determine whether you get paid....more

12/10/2013 - Construction Contracts Contractors Foreclosure Mechanics Lien

U.S. Supreme Court Holds That Forum Selection Clauses In Construction Contracts Should Be Rigorously Enforced

As we predicted in October, the United States Supreme Court has issued a unanimous decision upholding a general contractor’s ability to require its subcontractors to litigate disputes in the state or federal court of its...more

12/6/2013 - Construction Contracts Contractors Forum Selection Clause SCOTUS Subcontractors

Under Construction - December 2013

Welcome to our final issue of Under Construction in 2013. We hope your year has been filled with health, happiness, peace and prosperity. We thank you for your readership, and we continue to appreciate the opportunities we...more

12/5/2013 - Anti-Indemnification Statutes Competitive Bidding Design-Bid-Build Foreclosure Mechanics Lien Mortgages

U.S. Supreme Court May Strongly Enforce Forum Selection Clauses: Many Businesses Will Breathe a Sigh of Relief, While Smaller...

The U.S. Supreme Court appears poised — for the first time in 25 years — to uphold the enforceability of forum selection clauses, which permit contracting parties to prospectively determine the location/court where a lawsuit...more

11/1/2013 - Construction Disputes Contract Drafting Contractors Federal Jurisdiction Forum Selection Clause Miller Act SCOTUS Subcontractors

If the U.S. Supreme Court Overturns Political Contribution Limits Next Year, Will Your Campaign Be Ready?

The U.S. Supreme Court, which heard oral argument in McCutcheon vs. FEC this week, may overturn the aggregate contribution caps that have governed federal elections since 1974. If so, candidates should prepare now for the...more

10/12/2013 - Campaign Contributions Campaign Finance Reform Federal Election Commission Fundraisers PACs Political Contributions SuperPACs

Under Construction - September 2013: Arizona Contractors and Design Professionals Receive Additional Protections Under Arizona’s...

For good reason, much of the focus for Arizona contractors during the recently-concluded legislative session was on transaction privilege tax (TPT) reform. That bill, HB 2111, was ultimately signed by the Governor, but only...more

9/25/2013 - Anti-Indemnification Statutes Contractors Financial Transaction Tax New Legislation

Under Construction - September 2013: Arizona Court to Architect: You Have One Less Payment Tool than Your Contractor Counterparts

Architects occasionally get into payment disputes with project owners in much the same way as general contractors do. When that relationship sours, and litigation becomes necessary to secure payment, architects and...more

9/24/2013 - Architects Construction Disputes Construction Liens Contractors Liens

Under Construction - September 2013

Welcome to the fall 2013 issue of Under Construction. In this issue, we focus on the economic loss doctrine and how the different courts in our firm’s footprint treat it similarly and differently. We hope you enjoy our review...more

9/17/2013 - Economic Loss Doctrine Indemnification Prompt Payment

Supreme Court Invalidates Voting Rights Act Formula: Arizona and Other Covered Jurisdictions Are No Longer Subject to the...

The United States Supreme Court (the Court) struck down part of the Voting Rights Act (the Act) this week, freeing nine states, including Arizona, and dozens of counties from federal oversight of their voting laws....more

6/27/2013 - Coverage Formula Preclearance SCOTUS Shelby v Holder Voting Rights Act

Under Construction - June 2013: Indemnity and Insurance in Arizona: Key Concepts for Owners, Contractors and Design Professionals

Accidents and losses unfortunately happen on construction projects. Thus, it is prudent, on the front end of a project, to prospectively determine which party or parties will ultimately pay in the event accidental damage or...more

6/20/2013 - Construction Contracts Construction Disputes Contract Drafting Contractors Indemnification Subcontractors

Under Construction - June 2013

Welcome to our summer 2013 issue on indemnity and additional insured provisions in the Southwest. While contractual provisions that define liability in the event of accidental damage or loss affect most construction projects,...more

6/20/2013 - Additional Insured Construction Disputes Contractors Indemnification Insurers Loss Coverage Subcontractors

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