Our Firm

Blog Posts: Construction

April 11, 2022
As a construction defect attorney, I know I am not alone with the frustration in trying to interpret the confusing, ambiguous, and often times nonsensical language which comprises Arizona’s Purchaser Dwelling Act, promulgated as A.R.S. § 12-1361, et seq. (the “Act”). Most recently amended in 2019, the Act’s drafters consisted of attorneys, construction pro...
March 17, 2021
PHOENIX, Ariz. (Mar. 17, 2021) - The law firm of Jaburg Wilk announced that Lisa I. Streu joined the firm as an attorney in its construction defect litigation group. Before joining Jaburg Wilk, Lisa represented clients in insurance defense, construction law, commercial litigation and construction defect litigation at other Phoenix law firms. "I’m very excite...
November 16, 2020
Construction is booming in Arizona. There continues to be plenty of work for subcontractors as many general contractors do not self-perform the work. Your company submits a bid for a project and your bid wins! Time to get to work, right? Not so fast. General contractors often require subcontractors to agree to some form of a subcontract agreement prior to starting ...
May 13, 2019
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, ...
January 15, 2019
Video Transcript: 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...
July 8, 2018
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 conc...
June 12, 2017
Preliminary Lien Notices “Prelims” should always be given (usually necessary for perfecting lien, bond and stop notice claims) Send within twenty (20) days of first day materials/labor furnished (“20-day notices/prelims”). (A.R.S. § 33-992.01(C)) Must send to Owner [regardless of direct contract], construction lender, and “person...
August 4, 2016
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 ...
March 14, 2016
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 proj...
March 11, 2016
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 w...