Jaburg Wilk

News/Publications

Construction

  • 15 Jaburg Wilk Attorneys Named to 2019 Best Lawyers® List

    15 Jaburg Wilk Attorneys Named to 2019 Best Lawyers® List

    PHOENIX, Ariz. (08/15/2018) – Jaburg Wilk is pleased to announce that 15 lawyers have been included in the 2019 Edition of The Best Lawyers in America. Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence.

    "Best Lawyers was founded in 1981 with the purpose of highlighting the extraordinary … Read More

    Categories: Appellate, Business & Corporate, Construction, Employment, Estate Planning, Family Law, Healthcare, Intellectual Property, Internet and Technology, Real Estate, News Release

  • Four Points Every Arizona Subcontractor Must Know About Construction Defect Claims

    Four Points Every Arizona Subcontractor Must Know About Construction Defect Claims

    Residential Construction Defect (“CD”) litigation begins when unsatisfied homeowners file claims against the developer/general contractor (“GC”) for alleged construction defects. A common misconception amongst subcontractors is that CD claims and lawsuits are matters to be dealt with by the subcontractor’s insurer, and are not the concern of the individual subcontractor. This could … Read More

    Categories: Construction, Article

  • Construction Defect Litigation 101 Seminar

    Construction Defect Litigation 101 Seminar

    This webinar begins by identifying and defining construction defects, examining applicable laws and significant court rulings. It then looks at indemnity provisions and coverage issues in construction defect claims. The webinar breaks down litigation and discusses allegations, defenses and how to prove your case. Ethical issues surrounding these kinds of cases are also explored.  It is understandable even … Read More

    Categories: Construction, Seminars

  • AWCI-AZ Annual Meeting and Education Forum

    AWCI-AZ Annual Meeting and Education Forum

    Jeff Silence and Mark Bogard: Speakers at the Annual AWCI Memeber Meeting and Education Forum

    Employment law attorney Jeffrey Silence will discuss Arizona’s new paid sick time law and why Arizona employers need to have both a written policy and comply with the law.  

    What: Arizona Paid Sick Time Law 

    Where: Offices of Lovitt & Touche, 1050 W Washington St #233, Tempe, AZ 8 … Read More

    Categories: Construction, Employment, Seminars

  • Mark Bogard Facilitator for Arizona State Bar Construction Law Council

    Mark Bogard Facilitator for Arizona State Bar Construction Law Council

    Mark Bogard created, coordinated and facilitated the May meeting of the Arizona State Bar Construction Law Council with speakers: Scott Morrison - CPA, Morrison, Clark & Company; Matt Meaker - Sr. Corporate Counsel, Sundt Construction 

    What: Transaction Privilege Tax:  Where We Were, Are and Might Be

    When: May 1st, 2018 from 12:00 p.m.-1:00 p.m.

    Where:  State Bar of … Read More

    Categories: Construction, Seminars

  • Arizona Court of Appeals Confirms “Subcontractor Exception” to “Your Work” Exclusion Does Not Apply to Additional Insured General Contractor Seeking Coverage For Defective Work of Named Insured Subcontractor

    Arizona Court of Appeals Confirms “Subcontractor Exception” to “Your Work” Exclusion Does Not Apply to Additional Insured General Contractor Seeking Coverage For Defective Work of Named Insured Subcontractor

    In Double AA Builders, Ltd. v. Preferred Contractors Insurance Company, LLC, --- P.3d ----, 2016 WL 7508079, *1  (Ariz. Ct. App. Dec. 30, 2016), the Arizona Court of Appeals reversed the trial court’s grant of summary judgment in favor of an Additional Insured General Contractor and found the “subcontractor exception” to the & … Read More

    Categories: Construction, Insurance Litigation, Article

  • How Pay if Paid Clauses Work in Arizona Construction Law

    How Pay if Paid Clauses Work in Arizona Construction Law

    Video Transcript:

    Hi, I'm Mark Bogard, I'm a construction law attorney with the law firm Jaburg Wilk.

    What is a "Pay-if-paid" Clause?

    A "pay-if-paid" clause is a condition precedent, at least those are the fancy words that we give it in the courtroom. A condition precedent is simply a condition or something that must occur before something else can happen. In a "pay-if-paid" or a "pay-when-paid" clause … Read More

    Categories: Construction, Blog

  • Significant Changes to AAA's Construction Arbitration Rules Effective July 1, 2015

    Significant Changes to AAA's Construction Arbitration Rules Effective July 1, 2015

    Mark D. Bogard

    The American Arbitration Association (AAA) recently issued several significant revisions to its Construction Industry Arbitration Rules, which became effective July 1, 2015. The revised rules apply to construction arbitration cases initiated on or after July 1, 2015. For contracts entered prior to July 1, 2015, most of the revised Rules apply retroactively if the contract contains an arbitration … Read More

    Categories: Construction, Article

  • Critical Change for Serving Preliminary 20-Day Notices for Arizona Public Projects

    Critical Change for Serving Preliminary 20-Day Notices for Arizona Public Projects

    Cemex v. Falcone Bros.

    On April 30, 2015, Arizona's most common construction industry practice for serving a Preliminary Twenty Day Notice ("Prelim") on an Arizona public project—first class mail with certificate of mailing—was invalidated by the Arizona Court of Appeals in Cemex Construction Materials South, LLC v. Falcone Brothers & Associates, Inc.  In Falcone Bros., the … Read More

    Categories: Construction, Article

  • Arizona’s New Construction Defect Law is Effective the Summer of 2015

    Arizona’s New Construction Defect Law is Effective the Summer of 2015

    On March 23, 2015, Arizona Governor, Doug Ducey, signed into law House Bill 2578. This new legislation relates specifically to Arizona's construction defect claims and revises the Purchaser Dwelling Actions statute - ARS § 12-1361, et al. The new law is effective the summer of 2015.

    The intent of this new law is to limit the number of construction defect lawsuits brought by homeowners. However, expansion of … Read More

    Categories: Construction, Article