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You already know that you should never sign a contract before reading it thoroughly. However, what happens if you aren’t quite sure whether you understand what you’ve read? Whether you are a property owner, future homeowner, general contractor, or subcontractor, you can benefit from the seasoned guidance of a construction law attorney. Identifying Potential Issues […]
When an owner or general contractor refuses to pay for completed work, the disputes that follow quickly become complex, time consuming, and expensive. But two Arizona laws have created streamlined procedures so that contractors, subcontractors, and material suppliers can obtain payment for comparatively little effort and cost. First, contractors and suppliers who bill according to […]
Major construction projects are always complex, requiring carefully prepared contracts and extensive documentation. Despite the planning and preparation that goes into a large-scale construction project, disputes are quite common. If you’re a property owner, general contractor, subcontractor, design professional, or any other party working on a major construction project, you may require the services of […]
A contractor or subcontractor typically will have (after breach) a claim for recovery against the party who agreed to pay for the work the contractor performs. For several years, we have recommended that contractors protect themselves by preserving their rights either to go against the property on which improvements are built (in public projects) or […]
The Arizona “Prompt Pay Act” requires an owner of a construction project to send a detailed, written objection to the contractor within 14 days of receipt of the contractor’s billing or the pay application is deemed “approved.” A written objection must identify the factual dispute and at least one of the following: Unsatisfactory job progress; […]
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 […]
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, […]
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