How to Draft, Enforce, and Resolve Disputes Before They Disrupt Your Operations

Matthew Harrison | IR Global Contracts in Arizona Business: How to Draft, Enforce, and Resolve Disputes Before They Disrupt Your Operations Contracts are the foundation of nearly every business relationship. From purchasing goods to exchanging services, Arizona businesses rely on written agreements to define expectations, allocate risk, and protect their interests. When contracts are clear… Continue reading How to Draft, Enforce, and Resolve Disputes Before They Disrupt Your Operations

Contracting For Community Associations: Mechanic’s Liens

Johnathan Ebertshauser | CHBD Law When community associations engage a contractor to perform construction within the development, the contract between the association and the vendor will often reference the contractor’s right to record a lien against the association’s property.  This is generally referred to as a “Mechanic’s Lien” and is governed by A.R.S. § 33-981 et seq.  The Mechanic’s Lien gives… Continue reading Contracting For Community Associations: Mechanic’s Liens

Arizona Court Affirms Homeowners’ Association’s Right to Sue Over Construction Defects

Melissa Kenney | The Subrogation Strategist In Gallery Community Association v. K. Hovnanian at Gallery LLC, No. 1 CA-CV 23-0375, 2024 Ariz. App. Unpub. LEXIS 696 (Ct. App.), the Court of Appeals of Arizona (Court of Appeals) discussed whether a homeowners’ association can file an action for breach of the implied warranty of workmanship and habitability arising from… Continue reading Arizona Court Affirms Homeowners’ Association’s Right to Sue Over Construction Defects

Coverage Construction: Arizona Supreme Court’s Osborn III Opinion

Creighton Dixon, Jeffrey Porter and Lynsie Zona | Snell & Wilmer In Fidelity National v. Osborn III Partners LLC, the Arizona Supreme Court recently decided the question of whether mechanics’ liens filed by a general contractor are a construction lender’s “own darn fault” if the liens result in part from the lender discontinuing advances of loan… Continue reading Coverage Construction: Arizona Supreme Court’s Osborn III Opinion

Arizona’s Implied Warranty of Workmanship and Habitability Cannot Be Disclaimed or Waived Under Any Circumstance

Jason Feld and Stephanie Wilson | Kahana Feld Arizona residential construction and single-family home production is growing at a rapid pace. And just as fast as the homes are sold, homeowners are constantly seeking warranty repairs from their homebuilders. Despite having strong purchase documents with express warranty language, the Arizona Supreme Court in Zambrano v. M… Continue reading Arizona’s Implied Warranty of Workmanship and Habitability Cannot Be Disclaimed or Waived Under Any Circumstance