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Arizona Contract Terms

Snell & Wilmer

The Ninth Circuit Finds Tribal Nation Waived Sovereign Immunity Through Arbitration Provision

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On June 10, 2024, the Ninth Circuit entered an opinion finding that the Choctaw Nation had expressly waived its sovereign immunity against arbitration, determining that the contractual provision between the Nation and...more

Vondran Legal

Arizona Breach of Contract Attorney Fees 12-341.01

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A.R.S. 12-341.01 TEXT OF THE LAW - A. In any contested action arising out of a contract, express or implied, the court may award the successful party reasonable attorney fees. If a written settlement offer is rejected and...more

White and Williams LLP

Public Policy Prevails: Homebuilders and Homebuyers Cannot Agree to Disclaim Implied Warranty of Habitability in Arizona

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In Zambrano v. M & RC II LLC, et al., 2022 Ariz. LEXIS 309, the Supreme Court of Arizona held that a homebuilder and homebuyer could not waive or disclaim the implied warranty of workmanship and habitability. While the court...more

Snell & Wilmer

Arizona Trial Court Holds Owner May Recover First-Party Consequential Damages From Subcontractor Despite Prime Contract Waiver

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In a recent Arizona case, the trial court held that an owner could sue a subcontractor directly for recovery of the owner’s consequential delay damages based on the subcontract’s express indemnity clause, notwithstanding that...more

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