The Arizona Court of Appeals recently issued a memorandum decision that offset and recoupment are not valid defenses to a ROC Prompt Pay Act proceeding. Shea-Connelly Development, LLC (“SCD”) and Revive Construction and [...]

The California Appellate Court decision is not binding on Arizona courts, but its rationale is equally applicable, and Arizona courts may find it persuasive. In Arizona, pay-when-paid clauses in a construction contract can be [...]

In AZDOR v. Tunberg, the Arizona Court of Appeals held a company’s member-manager and CEO personally liable for collected but unremitted Transaction Privilege Taxes (TPT). Following a tax audit, the Arizona Department of [...]

The Small Business Reorganization Act creates a streamlined and expedited way for small businesses to reorganize without the time and requirements of Chapter 11. In light of the COVID-19 virus, a newly enacted section of the [...]

This article was featured by the American Bar Association Forum on Construction Law in its October 2019 Under Construction newsletter. The impact of a bankruptcy commenced by an owner, general contractor, or subcontractor [...]

New law will return Arizona’s Prompt Pay Act to the customary understanding of the 30-day payment cycle. In an early 2019 decision, in S.K. Builders, Inc. v. Smith, the Arizona Court of Appeals ruled that [...]

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 [...]

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 [...]

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 [...]

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 [...]