Resources

The Arizona Supreme Court’s Sirrah decision is likely to bring a new volume of cases before arbitrators and change the dynamics of arbitrable construction defect cases. In early August, our Supreme Court upended a [...]

Frequently Asked Questions Following are some of the frequently asked questions we receive regarding estate planning, probate, estate and trust administration, and related post-death and post-incapacity issues in Arizona. [...]

While every adult should have an estate plan, the stakes are especially high if you find yourself in one or more of these circumstances. Many people have the audacity to die without an estate plan, without even a Will. In [...]

In the wake of an Arizona Supreme Court ruling, a liquidated damage clause may not stand up in court if it fails to reasonably estimate the parties’ construction-related damages at the commencement of the construction [...]

The Court held that statutory language must be applied in determining who the prevailing party is in certain cases involving contractual fee provisions. It is very common for the parties to a written contract to include a [...]

A federal court has ruled against sexual orientation discrimination in three Midwestern states, and other jurisdictions may follow that court’s lead. On April 4, the U.S. Seventh Circuit Court of Appeals became the first [...]

Should res judicata or collateral estoppel bar civil actions or issues after a final ROC Decision and Order? This article was prepared in conjunction with Sharon Shively’s March 3, 2017, presentation at “Arizona [...]

Participants in construction loan transactions should be prepared for new title underwriting guidelines. If you are engaged in real estate development or construction, or in related financing transactions, you are probably [...]

The Arizona Court of Appeals rules that, while borrowers are not permitted to waive anti-deficiency protection, guarantors may do so. While there is relatively little legislative history on anti-deficiency protection, some [...]

Arizona landowners need to be wary of infringement upon their property to ensure that they do not lose their land through an adverse possession. This article was published in the February 2017 issue of the Scottsdale Airpark [...]