Gilbert Law Blog
Retaliation for Reporting Non-Payment of Wages
Non-Payment or Underpayment of Wages Is A Problem For Low Wage Workers Employees are often reluctant to report or confront their employer about problems in the workplace. This can be especially true of blue collar or low-wage employees who often live paycheck to...
Four Ways Employees Are Protected by the ADA
Four Ways Employees Are Protected by the Americans with Disabilities Act To the average person, exposure to the Americans with Disabilities Act (“ADA” or “the Act”) is probably limited to wheelchair ramps or signs allowing service animals in public buildings. In the...
Five Dangerous Myths About Mechanic’s Liens
Mechanic’s liens are useful when properly implemented. However, an improperly executed lien will waste time and money, and the lienholder will never reap the expected rewards. To avoid these pitfalls, consider the following misconceptions about liens: Myth 1: Any...
Using Stop Notices to Get Paid
Under Arizona’s Stop Notice statutes, a contractor may serve a notice on the owner and/or construction lender to let them know that a payment is still owed. The owner or construction lender must then withhold that amount from the next disbursement until the dispute...
Arizona’s Prompt Payment Act: Don’t Count On It
The Arizona Prompt Payment statute requires a contractor to pay “within seven days of receipt by the contractor or subcontractor of each progress payment or final payment, the full amount received for such subcontractor’s work and materials supplied based on work...
Avoiding Litigation
Very few things can send a successful business into a tailspin more effectively than a lawsuit. Whether a construction business is forced to file a lawsuit or whether it is being sued, the litigation process will drain the company’s resources, including money,...
The Hidden Dangers of Joint Checks
Many construction contracts are written so that the owner will pay for labor and materials by way of joint checks. In the typical scenario, a contractor will submit a payment application itemizing work performed by various subcontractors during that month’s...
How to Deal with One-Sided Contracts
Signing a contract for a large job can be both exciting and intimidating. The prospect of working on a high-profile project conjures thoughts of increased visibility for your company and additional work resulting from a job well done. Unfortunately, on almost any...
Practical Tips About Change Orders and Backcharges
General contractors are often reluctant to withhold payment owed under a subcontract because each party’s obligations are clearly spelled out. This clarity is often lacking when additional work is done, either because the additional work was never requested in...
Know When to Hold ‘Em and Know When to Fold ‘Em: Settlement Strategies in Construction Disputes
You have reached the end of a project and you submit your final payment request. Instead of just paying you the amount you have invoiced, the general contractor tries to lowball you. Maybe he claims he doesn’t have to pay you any retention until he is paid...
