An Inadequate Investigation Exposes Arizona Insurers to Bad Faith Only If the Insured Proves Additional Investigation Would Have Favored the Insured

Nathan Meyer | Jaburg Wilk Plaintiffs often allege an insurer breached the duty of good faith and fair dealing by conducting an unreasonable and/or an inadequate investigation. But, Arizona courts have held for over 30 years that an insurer’s unreasonable investigation can be the basis of bad faith liability only if a reasonable investigation would… Continue reading An Inadequate Investigation Exposes Arizona Insurers to Bad Faith Only If the Insured Proves Additional Investigation Would Have Favored the Insured

Qualifying Party Liability Exposure Clarified for Arizona Contractors

Garrett Olexa | Jennings, Strouss & Salmon To obtain a new contractor’s license, each contractor needs a “qualifying party.”  A qualifying party is a person who is a regularly employed person with the necessary experience and knowledge required under A.R.S. § 32-1122(E).  If the qualifying party later ceases to be connected with the licensee, a… Continue reading Qualifying Party Liability Exposure Clarified for Arizona Contractors

Would You Like the Implied Warranty? A Look at Disclaimers of the Home Construction Warranties

Mark W. Vyvyan | Fredrikson & Byron New homebuyers often discover imperfections in their newly-constructed homes. Some of these imperfections are construction defects and others are simply part of the construction process. Homeowners may assume they have warranty coverage against construction defects, but they have often signed documents disclaiming or limiting warranty coverage. In a… Continue reading Would You Like the Implied Warranty? A Look at Disclaimers of the Home Construction Warranties

Can a Home Builder Disclaim Implied Warranties of Workmanship and Habitability?

Kevin J. Parker | Snell & Wilmer In a recent Arizona Court of Appeals case, Zambrano v. M & RC II LLC, 2021 WL 3204491 (7/29/2021), the Court of Appeals addressed the question whether a home builder’s attempt to disclaim implied warranties of workmanship and habitability was effective.  In that case, the buyer initialed the builder’s prominent… Continue reading Can a Home Builder Disclaim Implied Warranties of Workmanship and Habitability?

Can Unapproved Change Orders Form the Basis for a Lawful Mechanics’ Lien Encumbering the Project?

Richard Erickson and Amanda Weaver | Snell & Wilmer | July 15, 2019 Contractors and suppliers are sometimes challenged to secure a claim for past due payment with a lien on the project, all subject to lien laws that vary throughout the United States. In Arizona, as in most states, the contractor must have a… Continue reading Can Unapproved Change Orders Form the Basis for a Lawful Mechanics’ Lien Encumbering the Project?

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