Lang & Klain, PLC





construction advisor

Articles on construction-related legal topics for general contractors, subcontractors and construction suppliers


Construction Advisor


Potential Criminal Penalties for Contracting Without a License in Arizona - April 2018

New Arizona ROC Rule to Ease Contractor Licensing Exam, Experience Requirements - March 2018

ROC No Longer Requires Qualifying Parties to Submit Project Lists - November 2017

ROC Rule Changes Appear to Benefit Contractors - November 2017

ROC Releases New Contractor's License Applications - October 2017

Responding to an ROC Complaint - January 2016

Contractors and the ROC: Better Days Ahead? - April 2015

Unpaid Taxes a Reduced Threat to Contractor's License - July 2014

ROC Enforcement: Contract Errors Can Trigger Sanctions - April 2014

The Headaches of Fighting a Registrar of Contractors Complaint - April 2003 (Updated September 2009 and March 2014)

Compliance Update: Arizona Registrar of Contractors - May 2013

Electrical Contractor Solar Licensing and Warranty Requirements - February 2012

Contractors Beware: Unlicensed Contractors Can Collect Via the ROC - November 2011

Do Arizona Contractors Need an Arizona License to Work in Mexico? - July 2010

Recent Changes in Arizona Contractor Licensing - January 2010

No Time Limit on ROC Collection Efforts - October 2009

Attorneys' Fees and Appeals of Registrar of Contractors Rulings - September 2009

Unlicensed Contractor Wins Relief from Order to Pay Full Restitution - August 2008

Achieving "Substantial Compliance" - April 2006

Court Broadens Grounds for Stay of License Revocation Pending Appeal - January 2006

Unlicensed Contractors: No Automatic Refunds - March 2004

Building and Repairing Without a License - July 2003

Tough Penalties for Failure to Show License Number - April 2002

Getting Paid

Prompt Payment Act Does Not Apply to Federal Projects, Court Rules - December 2017

On a Little Miller Act Payment Bond, the Surety Cannot Be Sued for Bad Faith - July 2016

Lender’s Breach of a Construction Loan Results in Awarding of Economic Damages to Builder - February 2016

Miller Act 90-Day Notice Period Runs from Date of Last Delivery on Open Accounts - January 2016

Licensed Contractor, Unlicensed Work - September 2015

Personal Guaranties: Affected by Same-Sex Marriage? - September 2015

Court Rescinds Order Barring Lien Service Companies from Signing Lien Documents - December 2012

Wang Electric v. Smoke Tree: Liens and Leasehold Improvements - November 2012

Personal Liability for Failure to Pay Subs, Suppliers - September 2012

Lien Discharge Bonds and Lawsuit Deadlines - June 2012

Court Upholds Contractor’s Preliminary 20-Day Notice and Construction Lien - December 2011

"Defective Liens" Valid After All - August 2011

Arizona Mechanics' Lien Foreclosure 101 - November 2008

Court Reaffirms Strength of Prompt Payment Law - April 2008

Replacement Checks, Preference Actions, and the "New Value" Defense in Bankruptcy - February 2006

Do-It-Yourself Collections - June 2003

Payment Bonds Versus Performance Bonds - April 2003

Defending Against a Preference Claim - March 2003

Getting Paid Can Depend on Proper Licensing - May 2002

Construction Law - General

Attorney Fees in Breach of Implied Warranty Lawsuits - September 2017

General Commercial Liability Insurance and the “Your Work” Exclusion - February 2017

Beware of “No Damages for Delay” Clauses - July 2016

Sullivan v. Pulte: Court Bars Negligence Claim Against Builder by Subsequent Home Buyer - November 2015

When a Plan Doesn’t Come Together: Revisiting Arizona’s Adoption of the Spearin Doctrine - July 2015

Arizona Legislature Reduces Threat of Construction Defect Lawsuits - March 2015

Court Reaffirms Contract Requirement in Breach of Implied Warranty Claims - February 2015

Anti-Deficiency Protection Weakened for Developers, Spec Home Builders - January 2015

Lessons for Arizona Contractors: Construction Case Law Roundup - September 2011

Architect's Errors May Create Liability for a Contractor's Damages - May 2011

Economic Loss Rule Applies to Construction Cases, Supreme Court Rules - August 2010

Subcontractor Indemnity Exposure Clarified - March 2009

Dust Control: EPA Ultimatum Leaves Valley Construction in the Dust - July 2007

Awarding of Attorneys' Fees - June 2007

Actual Cash Value and Contractor Fees - May 2007

Security Interest Can Survive Commingling of Sale Proceeds - December 2004


AAA Amends Construction Industry Arbitration Rules - August 2015

The Rare "Cardinal Change" - March 2015

Contracting with an Owner: A Practical Checklist - May 2012

Negotiating a Construction Contract: Tips and Reminders - March 2012

Construction Delays and Liquidated Damages - April 2010

Duty to Perform Good Workmanship Extends Beyond Parties to Contract - August 2008

Breach of Contract: Too Late to Sue - June 2006

Bid Acceptance Not a Contract, Court Rules - July 2005

"Pay When Paid," "Pay If Paid": Use with Caution - October 2003

Avoiding Breach of Contract When Time Is of the Essence - September 2002

The Trouble With Change Orders - February 2002


Employer's Nightmare: Paying Back Wages and Penalties for Overtime Violations - May 2018

Hiring by the Book: Four Essential Steps for Contractors - March 2018

Passage of Prop. 206 Raises Arizona’s Minimum Wage, Imposes Paid Sick Leave - December 2016

New OSHA Rule Creates Additional Drug-Testing Risks for Employers - November 2016

New Arizona Independent Contractor Law Is of Little Value to Contractors, Subs - September 2016

Strippers, Contractors and Employee Misclassification - August 2015

Contractors: Prepare for Changes to Overtime Exemption Rules - July 2015

Misclassifying Workers as LLC “Members” Leads to Costly Settlements - May 2015

Federal Projects, Worker Pay and the Davis-Bacon Act - January 2015

Worker Lawsuits a New Threat to Employers in Wage & Hour Claims - December 2013

Fall Protection: OSHA Rejects Arizona Standards - February 2015

Piece Work and the Fair Labor Standards Act - August 2012

IRS Offers Tax Relief for Misclassifying Employees as Independent Contractors - November 2011

Medical Marijuana Law Raises New Challenges for Employers - April 2011

Court Grants No-Fault Access to Worker's Comp Benefits, Regardless of Alcohol or Drug Use - October 2005

Workers Compensation: When Is a Worker Not an Employee? - October 2002

Laborers and the Preliminary 20-Day Notice - August 2002