Arizona Mechanics' Lien Rights Expand Under New Law
New legislation (SB 1304) is amending A.R.S. § 33-992.01 (governing “preliminary twenty-day notices”) to increase the “lien reach” of Arizona 20-day Preliminary Notices to 30% (up from the 20% we’ve known for decades). This change applies to construction projects where lienable activities (such as labor, materials, professional services, equipment/machinery, … Read More
Who Can Issue a Stop Notice?
What is a Stop Notice?
A stop notice is a statutory form of notice that is a very powerful remedy for contractors and suppliers to ensure payment. Think of a stop notice much like a mechanics lien, except that instead of placing an encumbrance on real property, a stop notice places an encumbrance on money. It freezes the flow of money, usually from the lender, or from an owner, if it's owner … Read More
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
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
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
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
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
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
How Pay if Paid Clauses Work in Arizona Construction Law
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
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