In construction, typically an owner contracts with a general contractor, and then the general contractor contracts with subcontractors who actually perform the work. The owner in most projects will not have any contractual relationship with a subcontractor. So, if a subcontractor negligently performs work and damages the owner, the owner asserts a claim against the […]
Construction meetings serve many important purposes on a job site. Not only do these meetings allow parties to discuss and coordinate upcoming project activities, but they provide a forum in which the parties can discuss project changes and claims. Parties to a construction contract should be encouraged to hold regular construct meetings. And just as […]
Business ownership transition is one of the most ignored aspects of owning and operating a business, but it is the most critical in terms of realizing an owner’s personal retirement goals and continuing a successful business for future generations. Similar to any other internal business process, an ownership transition plan must be carefully designed and […]
Builder’s Risk insurance is a special type of property insurance which indemnifies against damage to buildings while they are under construction. Builder’s risk insurance is coverage that protects a person’s or organization’s insurable interest in materials, fixtures and/or equipment being used in the construction or renovation of a building or structure should those items sustain physical loss or […]
Once you get a judgment, how do you get paid by the judgment debtor – the person owing you money under the judgment? One way to collect on a judgment is to place a lien on property owned by the judgment debtor. In Arizona, the person in whose favor a judgment has been entered can […]
If you are injured in an accident caused by someone else’s negligence, and suffer injuries requiring medical treatment or hospitalization, Arizona law provides hospitals, doctors, or other healthcare providers treating your injuries with the right to file a lien with the county recorder to secure payment of their “customary” charges against any liability settlement or […]
Setting aside the various political, social, and economic issues that will continue to arise out of the United Kingdom’s Brexit vote earlier this summer, several sources reported on a curious piece of tangential news with which I at least took comfort. Several news sources reported that many contracts executed in the months leading up to the […]
Creditors (someone who is owed money from a borrower) come in two categories: secured and unsecured. Secured creditors have a claim against one or more specific assets of the debtor. That means that the parties agreed that, if a default occurs, the creditor can take possession of the specific asset to satisfy the debt. This […]
Arizona law provides that every person who labors or provides professional services, materials, machinery, fixtures, or tools in the construction, alteration or repair of any building or other structure or improvement shall have a statutory lien right on such building, structure, or other improvement. This “Mechanic’s Lien” or “Materialman’s” lien is a creation of statute, […]
Debates, rallies, and town halls are taking place all across the United States as we near our country’s 58th quadrennial U.S. presidential election on November 8. These presentations provide a great opportunity to identify and learn effective persuasion techniques that both politicians and lawyers use. Some of those common oral persuasion techniques are as follows: […]
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