The Process for preparation of a Preliminary Notice in Arizona is simple. 1] The Notice must be sent out within 20 days of first providing labor, materials, equipment, or services to the project. A notice can never be sent out… Read More »Preliminary Notices – The Process is Simple
Contractor’s Unlicensed Status Must Be Raised At Arbitration or is Waived. In Arizona, a reoccurring problem presents itself with the conflicts with Arizona’s strict licensing laws, and the private arbitration proceedings mandated by many construction contracts. In arbitration proceedings,… Read More »Arbitration – Contractor Licensure; Waiver: Smith v. Pinnamaneni
I. EXPIRATION OF ARIZONA JUDGMENTS. In Arizona, a judgment is initially effective for five (5) years from the date of its entry by the Clerk of the Court. Arizona’s legislature has determined that the Judgment Debtor will be released… Read More »Arizona Judgments – Expiration / Practice and Procedure for Renewal
Family Trust Qualifies for Owner-Occupant Exception under ARS §33-1002(A)(2) In the case of Williamson v. PVOrbit dba Fountain Hills Door & Supply, (1 CA-CV 10-0390, 01-Sep-2011), Division 1 of the Arizona Court of Appeals finally addressed the longstanding issue of whether… Read More »Mechanic Liens – Homeowner Exception; Willamson v. Fountain Hills Door
Guy W. Bluff, Esq. 28-Oct-2011 In the case of Allstate Utility Construction, LLC v. Towne Bank of Arizona (1 CA-CV-10-0556; 0747, 25-Oct-2011), Division 1 of the Arizona Court of Appeals finally addressed several issues relating to alleged defect with the 20 day… Read More »Mechanic Liens – 20 Day Preliminary Notice Requirements – Allstate Utility v. Towne Bank (CA1, Ariz 25-Oct-2011)
Guy W. Bluff, Esq. 29-Oct-2011 In the case of Fagerlie v. Markham Contracting Co, (1 CA-CV-10-0051, 31-May-2011), Division 1 of the Arizona Court of Appeals held that (1) Markham could claim a lien on the lots for work done at… Read More »Mechanic Liens – Scope of Lien; 20 Day Preliminary Notices; Completion Date; Lis Pendens– Fagerlie v. Markham Contracting (31-May-2011)
Guy W. Bluff, Esq. Detailed analysis by the Court relating to discretionary award of attorneys fees pursuant to ARS §12-341.01 and analysis of award of Rule 68 Sanctions when considering “judgment finally obtained.” Determination of the prevailing party for purposes… Read More »Attorneys’ Fees ARS §12-341.01; Rule 68 Sanctions; Berry v. 352 E Virginia LLC, 1 CA-CV 09-0630 (06-Oct-2011)
In Arizona, there are a number of different Prompt Payment statutes governing bothpublic and private projects. A common misconception in the construction industry andeven among legal practitioners is that ARS §32-1129.01 to §32-1129.06 apply to all Arizonaprojects–regardless of whether the… Read More »Arizona Prompt Pay Statutes – Private and Public Works Projects
Significant Changes to California’s Mechanics Lien Law and Release and Waiver Forms. Guy W. Bluff, Esq. (02-Jun-2012) Effective July 1, 2012 all of the existing statutes governing mechanics liens, stop notices and payment bonds inCaliforniawill be repealed and replaced by… Read More »Changes to California’s Mechanics Lien Law and Release and Waiver Forms (Eff. 7/1/2012)