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...
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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...