Construction Advisor®
Articles on construction-related legal topics for Arizona contractors, subcontractors and construction suppliers
TOPICS
Contractor Licensing
| Getting Paid
| Construction Law
| Contracts
| Labor and Employment
Contractor Licensing
Two years after the Arizona legislature revised that statutes that govern appeals from Registrar of Contractors (ROC) hearings, this article revisits the changes and discusses what we now know and still don't.
On a residential project, even a minor ROC discipline against your contractor’s license can trigger a Recovery Fund award and a second license suspension.
If someone serves as the qualifying party on another contractor's license, while simultaneously being the QP for their own company, their own company could be disciplined because of the discipline imposed on the other license.
A $74,000 order issued by the Arizona Registrar of Contractors illustrates the potential consequences for contractors of restitution orders, as well as a possible shift toward more aggressive restitution orders in the future.
An appeal of an administrative agency’s decision now can lead to a fresh trial in Superior Court, where the agency’s decision is disregarded.
If you have a case before the Arizona Office of Administrative Hearings, an administrative subpoena can help you get the information you need to support your argument.
Getting Paid
As of August 27, 2019, contractors can continue to receive Prompt Payment Act protection for qualifying invoices not supplied within the preceding 30-day billing cycle.
A payment dispute over the quality of road signs installed at the Grand Canyon ends in the Court of Appeals’ finding that a federal agency is not an “owner” under Arizona’s Prompt Payment Act.
The Ninth Circuit Court of Appeals’ Ramona ruling is significant for material suppliers who furnish materials for federal projects through open accounts.
Effective July 3, 2015, architects and engineers are entitled to prompt payment for services provided on many public projects in Arizona.
The Miller Act applies to contracts awarded for the construction, alteration, or repair of any public building or public work of the federal government.
The Court of Appeals finds that, despite initial documentation errors, a contractor’s timely corrections preserved the validity of its liens.
Construction Law - General
The decision leaves the state plan in place, and worker safety enforcement will remain in the hands of the Arizona Division of Occupational Safety and Health (ADOSH).
Contractors that pay workers on a piece-work basis must keep accurate time records to show that the wages paid satisfy minimum wage and overtime requirements.
In Arizona, liquidated damages provisions are generally enforceable if they are intended to compensate the non-breaching party rather than penalize the breaching party.
A recent Arizona lawsuit over crane repair and rental costs illustrates the importance of understanding the lease agreement and what can happen when things go wrong
The Arizona Supreme Court rules that a homebuilder cannot contract its way out of its obligations under the implied warranty doctrine.
Properly drafted contractual provisions can be among your construction business’s best allies.
If an AZ architect or engineer is negligent and does not have a contract with the owner, they are not obligated to reimburse the owner for cost of their negligence.
In a September 2019 decision favorable to contractors, the Arizona Court of Appeals upheld a contractor's right to have notice of, and a reasonable opportunity to cure, its alleged workmanship issues before it can be found in breach of contract.
Contracts
In Arizona, liquidated damages provisions are generally enforceable if they are intended to compensate the non-breaching party rather than penalize the breaching party.
A recent Arizona lawsuit over crane repair and rental costs illustrates the importance of understanding the lease agreement and what can happen when things go wrong
The Arizona Supreme Court rules that a homebuilder cannot contract its way out of its obligations under the implied warranty doctrine.
Properly drafted contractual provisions can be among your construction business’s best allies.
In Yanni v. Tucker Plumbing, a claim by homeowners against plumbing subcontractors failed for lack of a contract between the plaintiffs and the defendants.
With construction activity in the Phoenix area and across Arizona rebounding, now is a good time to brush up on contract provisions that, if overlooked, could stall your comeback
Labor and Employment
The expanded “economic realities” test increases the government’s presumption that a worker is an employee entitled to overtime and minimum wage protection.
On January 1, 2024, Arizona's minimum wage increase by $0.50 per hour, from $13.85 to $14.35.
On July 17, 2023, the Arizona Division of Occupational Safety and Health (ADOSH) announced the launch of a state emphasis program focused on “high heat” industries such as construction and agriculture.
The Pregnant Workers Fairness Act requires many employers to make reasonable accommodations to meet the needs of pregnant employees.
The decision leaves the state plan in place, and worker safety enforcement will remain in the hands of the Arizona Division of Occupational Safety and Health (ADOSH).
Arizona employers would be wise to double-down on heat-stress prevention – not just to satisfy state and federal regulators, but because keeping workers safe, healthy, and on the job is good business.