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Arizona statutory law, enforced by the Arizona Registrar of Contractors, requires specific information in every residential construction contract with a property owner where the amount of the contract exceeds $1,000. Every such contract requires: The name of the contractor, the contractor’s business address and license number. The name and mailing address of the owner and […]
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 […]
Good plaintiff contingency cases require: (1) established liability; (2) adequate damages; and (3) a source from which to fully recover those damages. In auto accident cases, often liability is clear, and the injuries suffered (or death) create significant damages. But if the negligent driver has minimal auto insurance coverage, in most cases the recovery is […]
Veterans’ Disability Claims For most of the 20th Century, the largest independent agency in the United States, the U.S. Veterans Administration (now called the U.S. Department of Veterans Affairs or the “VA”), operated free from judicial oversight. This unique status lasted until the Veterans Judicial Review Act of 1988 (the “VJRA”). As the House Committee […]
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 […]
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 […]
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 […]
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, […]
In certain relationships, one party is held to a higher standard of conduct. In most circumstances one person owes a duty to another to act reasonably and not negligently. But some relationships give rise to a special duty, such that one owes the duty to another to not only act reasonably, but to act with […]
Consider a case where a plaintiff suffers emotional distress arising from the defective construction of her dream home. Improper grading and soil compaction, both a direct result of the homebuilder’s negligence, causes standing water and ground saturation. The dampness results in significant structural damage to the home, forcing the plaintiff to move into a rental […]
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