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… Read More
If “standard” agreements included terms that met the reasonable expectations of both parties, there would be little reason for lawyers to review the average contract for real estate, architecture and numerous other forms. However, too often, a “standard” agreement is… Read More
Buyer may terminate the contract for any reason or no reason, in Buyer’s sole discretion, whether questionably reasonable or not. Upon termination all earnest money shall be released to Buyer immediately. If there is evidence of termites, Buyer may terminate… Read More
Owner will have the right to join architect and general contractor in single mediation and arbitration. Architect will provide a time schedule for producing documents. Architect is to advise Owner in writing when it is aware of any conflicts, errors,… Read More
15. Don’t think your legal problems can be resolved overnight. 14. Be realistic about the amount of damages you can expect to recover – or forfeit. 13. Do not discuss your legal problems with anyone other than your lawyer. 12.… Read More
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… Read More
In an effort to protect against claims for delay, “no-damage-for-delay” clauses are more commonly being placed in contracts. One example is Section 8.3.1 of the Arizona School Facility Boards General Conditions, which in pertinent part provides: Except as specifically provided… Read More
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… Read More
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… Read More
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,… Read More