Resources

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 [...]

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 [...]

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 [...]

Should res judicata or collateral estoppel bar civil actions or issues after a final ROC Decision and Order? This article was prepared in conjunction with Sharon Shively’s March 3, 2017, presentation at “Arizona [...]

Participants in construction loan transactions should be prepared for new title underwriting guidelines. If you are engaged in real estate development or construction, or in related financing transactions, you are probably [...]

The Arizona Court of Appeals rules that, while borrowers are not permitted to waive anti-deficiency protection, guarantors may do so. While there is relatively little legislative history on anti-deficiency protection, some [...]

Arizona landowners need to be wary of infringement upon their property to ensure that they do not lose their land through an adverse possession. This article was published in the February 2017 issue of the Scottsdale Airpark [...]

The civil rights action against the federal government alleges failure to provide basic elementary and secondary education to Native American children. On January 12, 2017, in conjunction with attorneys from three other law [...]

Arizona’s latest minimum wage increase, to $12.15 per hour, went into effect January 1, 2021. In the November 2016 election, Arizona voters approved Proposition 206 (the Fair Wages and Healthy Families Initiative), [...]

In a busy year for construction law decisions, a recap of 2016 case law and legislative actions. Reported Court Opinions Awarding of Attorney’s Fees. In City of Phoenix v. Glenayre Electronics, Inc., the City of Phoenix [...]