Jaburg Wilk

News/Publications

Construction

  • 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

  • When Bankruptcy Beckons

    When Bankruptcy Beckons

    I. Introduction

    Little attention has been devoted to the relationship between the Registrar of Contractor's Recovery Fund and bankruptcy.  The recession required new attention to the interplay between bankruptcy and the ROC.

    II. The Customer's Options

    First of all, even before that customer receives formal notice of a bankruptcy filing, if you have received word informally, you need to immediately confirm … Read More

    Categories: Construction

  • The "Nine Commandments" for Getting Paid; Thou Shalt . . .

    The "Nine Commandments" for Getting Paid; Thou Shalt . . .

    1. If the Registrar of Contractors requires you to have a contractor's license, obtain the applicable license and do not enter into contract until the license is in good standing (in Arizona, failure to have such a license may prevent you from suing for amounts owed);

    2. Have a written contract sufficient to addresses reasonably anticipated complexities of the project. At a minimum, the contract should … Read More

    Categories: Construction, Article