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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 […]
Bidder beware. Interpreting federal law can sometimes feel like solving a riddle. For example, when is an early bid late? In the case, In re Sea Box, Inc., the Government Accountability Office (GAO) determined that a bid received by government servers eight minutes before the deadline was late because it did not arrive in the […]
Even before the Coronavirus/COVID-19 pandemic, construction projects involved significant risks for owners, contractors, subcontractors, and suppliers. Untold changes in circumstances related to the prices and availability of labor and materials, hidden conditions, and acts or events within or outside the parties’ control have the potential to turn a lucrative project into one that leads to […]
Arizona’s Mechanics’ and Materialmen’s Lien laws are a powerful tool available to contractors, subcontractors, and suppliers to ensure they are paid for the labor and materials they provide. The risk of foreclosing on a property deters many owners from unreasonably withholding payment when it is due. But like any tool, you have to use it […]
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, […]
Large and small construction projects have and will continue to perform well with workers and management following CDC and OSHA protocols. If you have been considering building, these 12 tips will reduce your risks, whether during the pandemic or otherwise. As world supply chains and local labor supply may delay “on time” performance, being diligent […]
As more of the country attempts to return to business “as usual,” the Department of Labor has published new guidance for control and prevention of COVID-19 in the construction industry. This guidance includes practices for both horizontal and vertical projects as well as indoor and outdoor worksites. A few considerations to keep in mind for […]
On Wednesday March 11, Arizona beat Washington in the first round of the Pac-12 Men’s Basketball Tournament and all seemed right in the world. Within 24 hours, everything changed. Not only has every sports league suspended operations to help slow the spread of Coronavirus (COVID-19), but this unanticipated global pandemic has disrupted every aspect of […]
COMMUNICATE – COOPERATE – BE HONEST ABOUT WHAT YOU KNOW – COMPLY WITH CDC GUIDELINES The conflict between contract expectations that “contracts must be honored” but “provided conditions unchanged” collide in “Force Majeure.” The general rule is that delay in performance caused by an epidemic or pandemic is an excusable but non-compensable delay, extending time […]
Construction contracts can be as complicated as the projects they govern. They typically involve numerous parties, phases, and types of work. The overwhelming majority of states tax construction contracts according to traditional principles of property law. That is, they begin by looking at whether the Contractor is primarily providing services or selling goods (with any […]
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