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
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
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
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
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