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 Arizona law governing limited liability companies has been replaced by the new Arizona Limited Liability Company Act, [...]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 [...]
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 [...]
U.S. Supreme Court Upholds Enforceability of Agreements that Prevent Employee Class and Collective Action Lawsuits
May 8, 2018
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 [...]
Arizona’s Prompt Pay Act Does Not Apply to Federal Construction Projects
February 10, 2018
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. [...]
Attorney Fees Are Now Recoverable in a Breach of Warranty Claim Against a Contractor by Subsequent Homeowners
October 10, 2017
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 [...]
Arbitrator Alert: Awarding of Attorney’s Fees in Implied Warranty Cases
August 18, 2017
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 [...]
Frequently Asked Questions about Estate Planning, Probate, Estate and Trust Administration
August 14, 2017
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. [...]
5 High-Priority Estate Planning Situations
August 14, 2017
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 [...]