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Arizona follows the law across the country that an owner providing plans to a general contractor warrants that the plans will be constructible. This rule is often called the Spearin Doctrine, named after a 1918 decision by the United States Supreme Court addressing the federal government’s relationship with contractors. While we are unaware of any […]
In 1974, my wife and I moved into a 990 square foot Tucson “box” ( four rooms, a flat roof, no style), but in a beautiful neighborhood by the University of Arizona. Today, we live at the same address, but not the same house. Over time, our house evolved into a compound stretching from one […]
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 […]
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