Richard G. Erickson

Richard G. Erickson

Snell & Wilmer

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Is the Spearin Doctrine Still a Contractor’s Shield if the Contractor Followed the Plans and Specifications?

United States v. Spearin, 248 U.S. 132, 39 S.Ct. 59 (1918) is almost 100 years old, and it is still one of the most oft-cited cases in a construction lawyer’s playbook. In numerous contested cases, Spearin has given...more

9/5/2014 - Construction Contracts Construction Disputes Design Defects US v Spearin

Arizona Supreme Court to Contractor: Sorry But Equitable Subrogation of a Bank’s Later Deed of Trust Trumps Earlier Mechanics’...

The smoke has finally cleared in a hard and long-fought battle between a bank and contractor both claiming priority to foreclose millions of dollars on a Phoenix condominium project. The project, well-known as Summit at...more

9/2/2014 - Banks Condominiums Construction Contracts Contractors Deed of Trust Equitable Subrogation Foreclosure Liens Mechanics Lien Mortgages Subcontractors Subrogation

Servicemembers Civil Relief Act: Critical Takeaways

After many years of U.S. military mobilizations and overseas deployments since 2001, our clients have learned some valuable lessons about consumer rights and privileges triggered by military service. Here are some of the...more

8/5/2014 - HAMP Mortgages Servicemembers’ Civil Relief Act Veterans

The Registrar is Changing the Game for Complaints Against Arizona Contractors

Sweeping changes at the Registrar of Contractors have the construction and real estate industries concerned and curious. The Registrar recently received some poor performance reports by the Auditor General and State...more

4/9/2014 - Auditors Construction Contracts Contractors

P3 101— Is Your Local Legal Team Ready to Help on a P3 Project?

For many U.S. construction businesses, the term “P3” may conjure images of “the big catch”—much discussed but rarely seen, at least not at your fishing hole. While the public-private partnership model has long been used in...more

3/26/2014 - Due Diligence P3s Public-Private Partnerships

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

Arizona Supreme Court Has the Final Word—Again—on Economic Loss Doctrine

Last week, in Sullivan v. Pulte Home Corp., No. CV-12-0419-PR, Arizona’s highest court took on a lingering question about the scope of economic loss doctrine since its landmark decision of Flagstaff Affordable Hous. Ltd....more

8/5/2013 - Construction Defects Economic Loss Doctrine Fraud Fraudulent Concealment Implied Warranty of Habitability Negligence Negligence Per Se Negligent Misrepresentation

Under Construction - December 2012

In This Issue: Letter from the Editor; Colorado Construction Law Developments in 2012; Arizona Court of Appeals Issues Decision Related to the Application of the Statute of Repose and Economic Loss Doctrine for...more

12/31/2012 - Airspace Construction Contracts Construction Cranes Construction Defects Duty to Defend Easements Economic Loss Doctrine Employer Liability Issues Implied Warranty of Habitability Indemnity Agreements Legal Costs Privity of Contract Property Improvements Retroactive Application Statute of Repose Vicarious Liability

Engler v. Gulf Interstate Eng’g, Inc.: Employer Liability for Contractor Employees Working Away from Home

In today’s increasingly mobile construction industry, contractors are frequently involved in projects away from their home office. It is not uncommon for a construction company to send employees to another area and provide...more

12/21/2012 - Employer Liability Issues Split of Authority Vicarious Liability

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