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Construction Law Archives

What you should know about using contract employees

As a business owner, it can seem like a good idea to hire independent contractors as staff in your business. You do not have pay taxes or withhold Social Security for these people, but you can get in hot water with the IRS if you are misclassifying employees as contractors. Although there is not a checklist that you can tick off to determine which classification to use, there are questions you can ask to make sure you are classifying your workers appropriately.

Four Methods of Correcting Construction Defects in Arizona

The purchase of a newly constructed home should be a joyful experience in which you realize the dream of a house you planned and saved for. In most instance, this results in an excited move-in, and a happy ending where you and your family live comfortably in your home for many years to come. But sadly, for some, this is not the case. Instead, these homeowners find that their home has defects, issues and/or dangerous construction problems. When this happens, it's time to turn to the law to help you reclaim your dream.

Pay if Paid and Pay When Paid Clauses

As a contractor, you are understandably concerned with being paid for your work and receiving this payment in a timely manner. Because of this, you should be aware of pay if paid or pay when paid clauses in your construction contracts. This language allows general contractors to shift the risk of non-payment by the client to you, the subcontractor.

Arizona statute of limitations affects construction disputes


A new homeowner may move into his or her Arizona home with excitement and anticipation about what the future holds. After what may have been an extended waiting period while a home was under construction or being renovated, the very fact that a home is ready to be lived in can be exciting. Unfortunately, however, over time, issues may arise with a home and it may become obvious that a contractor did not perform his or her end of the bargain, which may give rise to a construction dispute.

Attorneys help Arizonans facing construction disputes


Homeowners hire contractors and subcontractors for their expertise in a particular field. Whether it is a plumber to install pipes, an electrician to fix electrical problems or a general contractor to oversee the construction or renovation of a home, homeowners rely on these men and women to be experts in their fields and to complete their particular jobs properly and professionally.

How may a mechanic's lien affect my Arizona home?


Arizona homeowners may have heard the term lien, but they may not be clear on exactly what such a lien might entail with regards to their home. The two terms mechanic's lien and materialmen's lien are often used interchangeably. The name mechanic's lien is somewhat misleading, as these claims are often used by subcontractors and other construction suppliers, not actually mechanics.

Arizona ROC complaints require extensive documentation


An Arizona property owner likely enters into a construction transaction with high hopes after careful thought about the contractor he or she is hiring. Unfortunately, however, sometimes a contractor does not hold up their end of an agreement. In such a situation, it may become necessary for a homeowner or commercial property owner to file an ROC complaint against the contractor.

What can an Arizona homeowner do about toxic mold?


The very phrase "toxic mold" may incite fear and worry for an Arizona homeowner. Mold, which may come into a home attached to a person or pet, or through an open door or window, grows where it has access to sufficient moisture. When an area does not dry fully, mold can fester and grow, leading to serious consequences. A homeowner who discovers toxic mold in his or her home may have a legal cause of action against the building contractor based on the construction contract or a negligence or strict liability theory.

Legal changes affect Arizona construction transactions


New developments happen often in the construction world. More energy-efficient building methods are developed, advancements are made in heating and cooling systems, and new building designs emerge. Similarly, legal developments also occur that may affect Arizona construction law and the transactions that occur between buyer and seller.

Construction defect liability relies on range of legal theories


A construction defect is just what it sounds like an imperfection in construction. From a simple nail that has popped out, to leaky windows, there are many possible construction defects. While it may be simple to identify a particular construction defect, it can be more complex to hold a contractor liable in construction defect litigation. An Arizona homeowner may hope that when a party does not perform, whether a contractor or subcontractor, that party will be held legally liable and be required to remedy the defect. How this liability is established, and under what theory, may prove to be more complex than simply identifying the defect, however.

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