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, [...]

To avoid ROC discipline, contractors that perform restoration work would be wise to ensure that their form contracts comply with Arizona law. The massive hail storm that tore through the Valley in October 2010 not only caused [...]

There is no easy answer to the question of whether contingent payment clauses are worth the risk, but understanding the nature of the law and the factors that should be considered can help you make an informed decision. By [...]

A cautionary note – we spend too much time trying to make sense out of arbitration agreements precisely because litigants spend too little time in drafting them. Read More [...]

On December 6, 2012, the Arizona Supreme Court rescinded its November 21 order that prohibited a lien service company from signing notices and liens as an agent of its customer. For the sake of convenience and organization, [...]

ASA Subcontract Addendum 2011 • ASA Short Form Subcontract Addendum 2011 In 2011-2012, the ASA of Arizona Contract Study Group undertook an in-depth look at the AIA A401-2007 Subcontract. The AIA provisions are compared and [...]

All contractors, subcontractors and suppliers that work on private construction projects in Arizona should become familiar with the changes to the statute and ensure that all construction and supply contracts comply as well [...]