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Arizona Construction Law Questions & Answers
1 Answer | Asked in Arbitration / Mediation Law, Collections and Construction Law for Arizona on
Q: Hello Chad flooring installed in my home. The contractor installed the floors wrong twice.

I did not pay after the second install because the floors are still uneven, wavy and buckling income areas. I reached out to them again and they said the floors will have to be reinstalled. I was just told my account will go into collections if I don't pay them. I wrote to them twice for a... View More

David H. Relkin
David H. Relkin
answered on Oct 19, 2023

You have posted your question in Arbitration so I assume you have some basis for believing that there is an agreement to arbitrate in the contract. Go to the Chad site and see what it provides regarding disputes. Perhaps it provides for arbitration. They are required to provide you with a copy of... View More

1 Answer | Asked in Contracts, Real Estate Law and Construction Law for Arizona on
Q: What recourse do I have with sub-contractors who require a deposit but do not perform in a timely manner?

I am building a single family residence. Currently I have an engineer who took a deposit but is not performing, or responding. Small claims court the only choice? What about other contractors down the road? Maybe need a contract to cover myself.

Peter H. Westby
Peter H. Westby
answered on Oct 3, 2023

This is a complicated matter. There are many things you need to do to protect yourself. Using a good contract with the general contractor is a first step. If you are acting as the general contractor, having good contracts with the contractors you hire is important. As for the engineer you... View More

1 Answer | Asked in Contracts and Construction Law for Arizona on
Q: I am a subcontractor trying to get my retention from the GC. I have been complete with my work for over 120 days

The building is occupied and we bill for retention Months ago. The GC only replys with not funded, and paid when paid. We do not have a lien on this work.

T. Augustus Claus
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answered on Sep 27, 2023

Retention is often a sticky issue between subcontractors and general contractors. If you've completed your work and the building is occupied, you may have a strong case for releasing the retention. Arizona has "prompt payment" laws that could be applicable. Since you've not... View More

1 Answer | Asked in Civil Litigation and Construction Law for Arizona on
Q: In May 2023 I filed an "Intent to Lien" for 119k. Can I file a "Lien",for 162k?

Do I have to file a new "Intent to Lien" for $162k before filling the "Lien" for $162k?

I am a Licensed GC in Arizona.

T. Augustus Claus
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answered on Aug 23, 2023

In Arizona, if you previously filed an "Intent to Lien" for $119,000 in May 2023 and now intend to file a "Lien" for $162,000, you generally do not need to file a new "Intent to Lien" for the increased amount. The "Intent to Lien" is meant to notify parties... View More

1 Answer | Asked in Contracts, Real Estate Law and Construction Law for Arizona on
Q: We brought a Shea home in 2015 we had a flood from upstairs just recently and were told the pipes are brittle and need

To be replace. We were told Shea homes used cheat piping and was aware. We were told we have to repipe our entire home because of the piping material that was used. A few other homes in my area had the same thing happen. Do we have any legal course we can do to have Shea homes fix this issue? This... View More

Peter H. Westby
Peter H. Westby
answered on Jun 27, 2022

I recommend that you speak with a real estate attorney. From the information you provided, you may have recourse under Arizona's Dwelling Action law, ARS 12-1361, et.seq. The statute of limitations concerning such a claim can be up to 8 years from the substantial completion of the dwelling.

1 Answer | Asked in Construction Law for Arizona on
Q: At what time can you start the use of machines in az?

The use of machines and noise making in residential area

Tim Akpinar
Tim Akpinar
answered on Jan 16, 2021

An Arizona attorney could advise best, but your question remains open for four weeks. Noise ordinances can be specific to a city, town, or county, so in addition to state laws, you may need to look into what the law is in Phoenix. You could check with the offices of local lawmakers or other elected... View More

1 Answer | Asked in Business Law, Construction Law, Contracts and Employment Law for Arizona on
Q: if i work for one client at a time and i stake construction without survey license, im within ARS 32-101?

j

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Mar 27, 2020

You are not competent to read the law and determine what it means and whether you can do what you are trying to do. While I have not read the law either I can tell you that if ANY Florida law requires any sort of "certification" before anyone can do whatever the law covers, you cannot... View More

1 Answer | Asked in Employment Law, Workers' Compensation and Construction Law for Arizona on
Q: Im on sedentary work and my WC stopped. If Im stuck like this what happens? Full abdominal reconstruction. IME next.

I never received change of status other than the original claim acceptance. I have started to work at non profit for 2 weeks and have not been paid. Ive seen a second Dr by Comp Ins request last week and Scheduled for an IME in another week. Its going on six months since surgery. Surgeon said... View More

Joel Friedman
Joel Friedman
answered on Feb 18, 2020

Good morning, your question came in late last night. I am confused about your case history, the part about having seen as second insurance doctor last week and scheduled for another insurance examination next week. I can review the claim with you, at no cost, so you have a better understanding what... View More

1 Answer | Asked in Contracts, Construction Law, Internet Law and Libel & Slander for Arizona on
Q: Can a 3rd party contractor sue for negative online reviews if no money exchanged hands

We are a 3rd party contractor for Home Warranty companies. And customers of the home warranty company are posting negative online reviews, some for reasons out of our hands, due to our restrictions in our contract with the home warranty company. Can we issue a cease and desist and sue if the... View More

Tim Akpinar
Tim Akpinar
answered on Nov 21, 2019

If you consulted with an attorney regarding such a letter or legal action, they would likely want to see each individual review. If they're negative, it's possible that in itself is not necessarily actionable. An attorney who deals with defamation would examine if they were false and... View More

1 Answer | Asked in Real Estate Law and Construction Law for Arizona on
Q: Is it legal for a real estate agent to sell a home without instillation? We do not have us with a disclosure form.

They never provided us with a disclosure form, or any approvals from the inspection.

Peter H. Westby
Peter H. Westby
answered on Jul 18, 2019

Selling without an inspection or disclosure can be legal. It depends upon how your contract was drafted. You may still have legal recourse if items were concealed or not disclosed despite anything to the contrary in your contract. I recommend reviewing this matter with an attorney. Once your... View More

1 Answer | Asked in Family Law, Civil Rights, Construction Law and Internet Law for Arizona on
Q: can i press charges for hacking email and sharing data

my ex wife hacked my email took medical paper off and sent it to the ex im in custody battle with she in turn entered into evidence through a motion and no i didnt file for strict compliance.

Rich J. Peters
Rich J. Peters
answered on May 30, 2019

As a family law attorney, I can only address how this issue could be addressed in Family Court. You would need to discuss whether criminal charges are appropriate with a law enforcement officer. In Family Court, you can certainly complain about the method in which she obtained this information in... View More

1 Answer | Asked in Construction Law for Arizona on
Q: Employer did not pay wages and landlord closed the doors of building. Can I still file for past wages due?
Howard Berkson
Howard Berkson
answered on Oct 25, 2013

Although you are entitled to wages due, there are a number of reasons why you may not be able to collect. Some of the important factors to consider are whether the employer went bankrupt, the employer's entity type such as corporation or partnership, and the payday law in your state. You... View More

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