Welcome to 2022! This year, the construction industry will undoubtedly reflect on the last two years as unprecedented times plagued by construction project delays. The COVID-19 pandemic contributed to suspension of work and...more
Last November, Arizona’s Court of Appeals issued a memorandum decision analyzing Arizona’s Prompt Pay Act. Though the decision was not published and is not binding authority, it does guide the construction industry and...more
Settlement of a complex construction dispute at mediation can mean the end to sleepless nights for our clients. Resolution at mediation avoids the unpredictable risks and inordinate costs of seeing a dispute through to the...more
Contractors and suppliers are sometimes challenged to secure a claim for past due payment with a lien on the project, all subject to lien laws that vary throughout the United States. In Arizona, as in most states, the...more
Construction accidents are inevitable, even for clients who implement and enforce a meticulous safety plan on a project. Despite best intentions and protections afforded to contractors, employees, subcontractors, vendors and...more
Lately, we’ve been spending more time as litigators pursuing and defending claims of abandonment against contractors. It has become apparent that abandonment is often misinterpreted in its legal meaning and effect. Here are...more
Letter from the Editor -
Welcome to the final 2017 edition of our Under Construction newsletter. It is hard to believe that 2018 is right around the corner!
In this issue, we highlight several topics affecting the...more
12/11/2017
/ Commercial General Liability Policies ,
Construction Contracts ,
Construction Industry ,
Construction Project ,
Deadlines ,
Endorsements ,
Insurance Industry ,
Liquidated Damages ,
No Damage For Delay ,
Prevailing Wages ,
Prompt Payment ,
Public Projects ,
Required Documentation ,
Wage and Hour
On August 9th, in Sirrah Enterprises, L.L.C. v. Wunderlich, the Arizona Supreme Court settled the question about recovery of attorneys’ fees after prevailing on implied warranty claims against a residential contractor. The...more
8/25/2017
/ Attorney's Fees ,
AZ Supreme Court ,
Breach of Contract ,
Breach of Warranty ,
Construction Industry ,
Contractors ,
Faulty Workmanship ,
Homeowners ,
Implied Warranties ,
Liability Insurance ,
Prevailing Party
Welcome to the first edition of our Under Construction newsletter for 2016.
Indemnity laws and clauses are a big part of construction contracts. They can make or break a project. Defend and indemnify obligations have the...more
Welcome to the fall edition of our Under Construction newsletter. The first article in this edition highlights the pros and cons of joint venturing on a construction project, and items to consider in preparing the joint...more
9/10/2015
/ Construction Industry ,
Contract Termination ,
Contractors ,
Cost Recovery ,
Joint Employers ,
Joint Venture ,
NLRB ,
Subcontractors ,
Suppliers ,
Termination ,
Terms and Conditions ,
Wage and Hour ,
Women-Owned Businesses
Recently, the Arizona Court of Appeals answered another lingering question of paramount importance to the construction industry – whether homebuilders and other construction industry professionals may be indefinitely subject...more
In Lee v. M and H Enterprises, Inc., — P.3d —- (decided Apr. 21, 2015), the Arizona Court of Appeals recently clarified why, in most cases, landowners and general contractors are not liable when subcontractor employees are...more
Recently, in Marco Crane & Rigging Co. v. Masaryk, 703 Ariz. Adv. Rep. 29 (Dec. 30, 2014), the Arizona Court of Appeals established that a subcontractor on a residential project has no lien rights against an owner-occupant,...more