By: Guy W. Bluff, Esq. (17-Jun-2010) Any individual involved with the construction industry will do good to understand the construction law trends, especially the ones that have come through in the last decade or so. The dynamics of the construction… Read More »Construction Industry – Top 3 Construction Law Trends Of Today
Guy W. Bluff, Esq. (06-Feb-2011) Effective, 01-Jan-2011, California Civil Code sections 3084 and 3146 require two additional notices relating to mechanic’s liens: the “Notice of Mechanic’s Lien” and the “Notice of Pendency of Action.” For those construction attorneys practicing in… Read More »New California Mechanic Lien Requirements for 2011
By: Guy W. Bluff (08-Feb-2011) Anders v. Meritage Homes of California, F059492 (5th App Dist, CA) California Civil Code sections 895-945.5 (SB 800) was enacted in 2002 to specify the rights and requirements of a homeowner to bring an action for… Read More »California Construction Defects Litigation Update
By: Guy W. Bluff, Esq. (13-Feb-2011) New for 2011, Bluff & Associates has posted FREE DOWNLOADABLE state specific construction waivers and lien release forms for all of the western United States. State specific forms are now available for download for:… Read More »NEW – State Specific Lien Waiver Forms – 2011
Az. Sup. Ct (2011-Jan-20) The “written notice” provision of § 20-259.01 (regarding insurer’s obligation to offer UM/UIM insurance coverage) does not require translation of the offer into Spanish so that a Spanish speaker understands the offer’s terms; it requires only… Read More »Insurance – Notice: Ballesteros v. American Standard Ins Co Wisconsin
Az. Sup. Ct (2010-Jul-30) Service of process on persons and business entities in Mexico by certified mail, e-mail, federal express, and 1st class mail is defective. Service of foreign judicial documents in Mexico must be made through Mexico’s Ministry of Foreign… Read More »Service of Process: Cardona v. Kreamer / Lac Vieux
Az. Sup. Ct (2010-May-03) Arizona does not recognize the tort of third-party negligent spoliation. (Spoliation is the destruction or material alteration of evidence. When spoliation is committed by a party to a lawsuit, it is referred to as first-party spoliation;… Read More »Evidence – Spoilation: Lips v. Scottsdale Healthcare
Az Sup. Ct. (2010-Feb-12) In a construction defect case, a property owner is limited to its contractual remedies when an architect’s negligent design causes economic loss but no physical injury to persons or other property. The “economic loss doctrine” bars… Read More »Construction Defects / Economic Loss: Flagstaff Affordable House v. Design Alliance
Arizona law requires that every person (except for wage earners) who furnishes labor, professional services, materials, machinery, fixtures or tools to a construction project give prior written notice, generally called a 20 Day Preliminary Notice, of their statutory rights to the… Read More »Construction Preliminary Notices / Notices to Owner – Forms / Deadlines Differ by State
Guy W. Bluff , Esq. (23-Mar-2011) A. Arizona Medical Marijuana Act ARS §36-2801 et seq This past November, Arizona voters approved, by 50.13%, Proposition 203, the Arizona Medical Marijuana Act, which legalizes marijuana for medicinal purposes. Arizona is one of only… Read More »Arizona Medical Marijuana Act ARS §36-2801 et seq. – Updates to “Zero Tolerance” Employment Policies and Manuals