Residential subcontractors will be obligated to indemnify a general contractor only in proportion to the fault caused by the indemnifying subcontractor. Governor Ducey’s April 10, 2019, signing of Senate Bill 1271 ended [...]
Sacks Tierney attorney Roxann Gallagher, a shareholder in our commercial and public finance and Indian law practice areas, has been elected to the board of directors of Meritas, a global alliance of 183 independent law [...]
Federal Court Rules that Walmart Firing Violated the Arizona Medical Marijuana Act
May 9, 2019
Employment Law
A terminated employee’s successful lawsuit underscores the importance of employers exercising caution when making employment decisions on medical marijuana cardholders. In 2013, an Arizona Walmart employee, Carol [...]
The NLRB’s determination could prevent Uber drivers and similarly situated workers in other industries from asserting rights under the National Labor Relations Act. Pursuant to an April 16, 2019, memo, the National [...]
Payment and Performance Bonds Are Incorporated into Federal Construction Project Contracts, Even If Not Expressly Stated
March 6, 2019
Construction Law
The U.S. Court of Appeals for the Federal Circuit recently held, in K-Con v. Secretary of the Army, that the standard bond requirements in federal construction contracts were incorporated into K-Con’s contract by [...]
Case Law Update
January 7, 2019
Construction Law
Court opinions have been issued in two recent Arizona cases regarding judgments. The first opinion, In Re Casillas, Sr., addressed the deadline to renew federal judgments under Arizona law and the impact of a pending [...]
New LLC Act Creates Urgency in Operating Agreement Review
August 18, 2018
General
For most multi-member LLCs, the new law’s impact is significant and its consequences potentially harmful. Arizona law governing limited liability companies has been replaced by the new Arizona Limited Liability Company Act, [...]
For most multi-member LLCs, the new law’s impact is significant and its consequences potentially harmful. Arizona law governing limited liability companies has been replaced by the new Arizona Limited Liability Company Act, [...]
Effective August 3, 2018, Arizona Judgments Are Good for 10 Years
June 14, 2018
Litigation and Appeals
In its 2018 session, the Arizona legislature modified Arizona’s judgment renewal statute. Effective August 3, 2018, any judgment that has not expired prior to that date will automatically be valid for 10 years from the [...]
A Homeowner’s Insurer Has a Duty to Defend a Builder Vendor Against a Claim for Negligent Excavation Brought by the Homebuyer
June 10, 2018
Construction Law
For contractors, the significance of this case is the reaffirmance of an Arizona builder’s common law duty to construct a home as a reasonable builder would. A property owner named Teufel hired Carmel Homes Design Group [...]