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Resources

Cures for Common Contractor Headaches: 10 ‘Health Tips’

May 16, 2018 Gregory P. Gillis Construction Law
Lawyers are like doctors: You usually don’t visit them unless there is a problem. Below are some of the top construction-related problems we encounter. Avoid these potentially costly mistakes and you will improve your [...]
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U.S. Supreme Court Upholds Enforceability of Agreements that Prevent Employee Class and Collective Action Lawsuits

May 8, 2018 Shar Bahmani Employment Law
Are employer-mandated class action waivers enforceable? The Supreme Court’s answer: “Yes.” After years of differing viewpoints opined by the National Labor Relations Board and various conflicting Circuit Court [...]
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Arizona’s Prompt Pay Act Does Not Apply to Federal Construction Projects

February 10, 2018 Gregory P. Gillis Construction Law
In Zumar Industries, Inc. v. Camus Corporation, the Arizona Court of Appeals was asked to determine whether Arizona’s Prompt Pay Act governing contractor and subcontractor payment disputes applied to federal projects. [...]
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Attorney Fees Are Now Recoverable in a Breach of Warranty Claim Against a Contractor by Subsequent Homeowners

October 10, 2017 Gregory P. Gillis Construction Law
Now that subsequent purchasers can recover their attorney fees should they prevail, that may lead to an increase in subsequent purchasers joining in multi-plaintiff construction defect lawsuits. The Wunderlichs contracted [...]
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Arbitrator Alert: Awarding of Attorney’s Fees in Implied Warranty Cases

August 18, 2017 David C. Tierney Construction Law
The Arizona Supreme Court’s Sirrah decision is likely to bring a new volume of cases before arbitrators and change the dynamics of arbitrable construction defect cases. In early August, our Supreme Court upended a [...]
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Frequently Asked Questions about Estate Planning, Probate, Estate and Trust Administration

August 14, 2017 Phoebe Moffatt Estate Planning
Frequently Asked Questions Following are some of the frequently asked questions we receive regarding estate planning, probate, estate and trust administration, and related post-death and post-incapacity issues in Arizona. [...]
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5 High-Priority Estate Planning Situations

August 14, 2017 Phoebe Moffatt Estate Planning
While every adult should have an estate plan, the stakes are especially high if you find yourself in one or more of these circumstances. Many people have the audacity to die without an estate plan, without even a Will. In [...]
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Are Liquidated Damage Clauses in Construction Contracts at Risk of Being Declared an Unenforceable Penalty?

August 14, 2017 Gregory P. Gillis Construction Law
In the wake of an Arizona Supreme Court ruling, a liquidated damage clause may not stand up in court if it fails to reasonably estimate the parties’ construction-related damages at the commencement of the construction [...]
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New Arizona Supreme Court Opinion Significantly Impacts Contracts Providing for the Recovery of Attorneys’ Fees

April 14, 2017 Sacks Tierney Litigation and Appeals
The Court held that statutory language must be applied in determining who the prevailing party is in certain cases involving contractual fee provisions. It is very common for the parties to a written contract to include a [...]
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Ban on Sexual Orientation Discrimination May Affect Arizona Employers

April 8, 2017 Sacks Tierney Employment Law
A federal court has ruled against sexual orientation discrimination in three Midwestern states, and other jurisdictions may follow that court’s lead. On April 4, the U.S. Seventh Circuit Court of Appeals became the first [...]
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