In the construction world, if the suggestions below are followed, the world would be a better place and attorneys’ fees reduced. Keep daily notes and exchange them weekly. Distribute copies to each party on the project. All parties to the job should exchange notes – owner, architect, engineer, contractor, and subcontractor. Communication is key. Prepare as-built […]
Unless a change is made to design/build contracts, the owner may have a windfall when there are errors in the design. Design/build contracts require the contractor, as the design/builder, to hire qualified design professionals to prepare the construction documents. The design/builder is to provide and pay for all design services, as well as the labor, […]
Owner will have the right to join architect and general contractor in single mediation and arbitration. Require a time schedule for architect to produce documents. Architect is to advise Owner in writing when it is aware of any conflicts, errors, omissions in the Construction Documents or defects in construction of the project. If the cost […]
All licensed residential contractors should know that the Registrar of Contractors was created to be a friend to the homeowner, and its goal is to “protect the public health, safety and welfare by licensing, bonding and regulating contractors engaged in residential construction.” To achieve this goal, the Registrar is charged with the overall responsibility of […]
In addition to the considerable risks an Owner encounters when designing and constructing a project, an Owner is subject to obligations “implied by law.” Arizona recognizes an implied duty of good faith and fair dealing in all contracts, and construction contracts are no exception. Arizona’s implied duty of good faith and fair dealing prohibits a […]
In Arizona, most civil actions are instituted in the County Superior Court, which is a Court of general jurisdiction. A civil action starts by filing a Complaint, which is a short and plain statement of the Plaintiff’s claim. Arizona follows the “notice pleading” standard in its rules of civil procedure, making a Complaint sufficient if […]
On December 1, 2006, the Federal Rules of Civil Procedure were modified in order to address e-discovery issues. The Arizona Supreme Court has followed suit by adopting new e-discovery rules that became effective on January 1, 2008. The changes adopted by the Arizona Supreme Court modernize the old rules and specifically address e-discovery. E-discovery is […]
Once, during Prohibition, I was forced to live for days on nothing but food and water. ~ W.C. Fields Prohibition may be a thing of the past, but the government’s reign over the control of “spirituous liquors” is far from over. Title 4 of the Arizona Revised Statutes, Alcoholic Beverages, addresses Arizona laws regarding the […]
The internet has changed the world. Electronic communication is now possible around the globe–around the clock. Letters, pictures, documents and messages can now be sent instantly, and in many cases can be sent and received whether you are sitting at your desk or not. With increased conveniences, however, come some potential pitfalls. In the legal […]
AUTO ACCIDENT: Call 911 for immediate help for anyone who is injured and call the police. The driver of a vehicle involved in an accident resulting in injury to or death of any person “shall immediately, by the quickest means of communication, whether oral or written,” notify the police department of the accident, if the […]
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