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 [...]

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. [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

Failure to preserve evidence in a legal action can carry harsh consequences and is particularly challenging in the construction context. Brian Flaherty was the chapter author of “Spoliation,” Arizona Construction [...]

A comprehensive look at insurance for contractors and subcontractors, from the perspectives of an experienced construction law attorney and an insurance professional. Brian Flaherty was a chapter co-author (with Chris Duncan, [...]