Real Estate & Construction

CLOSING THE LOOPHOLE: ARIZONA ADDS PROMPT PAY PROTECTIONS TO REVITALIZATION DISTRICTS Arizona contractors operating in public and quasi-public sectors sometimes rely on Prompt Pay statutes to help maintain cash flow. However, a statutory loophole created risk for civil and infrastructure contractors when working for Revitalization Districts—special taxing entities utilized by municipalities to help finance roads, […]
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In a lawsuit or criminal prosecution, questions posed to an artificial intelligence assistant, and the AI assistant’s replies, might be used against you.

Because

Heppner

is a “case of first impression,” the court’s ruling is by no means carved in granite. For now, however, it flashes a sign of caution for members of the public – and their attorneys – in using AI to perform legal research in adversarial matters.

Background.

The case involved the criminal fraud prosecution of Bradley Heppner. To assess his legal situation and possible defenses, Mr. Heppner directly posed questions to the AI platform Claude. He


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WHAT COUNTS AS A CONTRACT DOCUMENT A recent decision clarifies how attachments and background reports can fall outside the contract A DOCUMENT for informational purposes only may not support a differing site condition claim and definitions matter. A recent case decided by the Minnesota Court of Appeals offers a cautionary tale for contractors, engineers and […]
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The Arizona Court of Appeals affirms the enforceability of form contracts that reference separate provisions, and offers a reminder to business owners to be cautious about what they sign.

  • Read the Arizona Court of Appeals’ memorandum decision in

    True Harvest v. Rocinante Construction

True Harvest agreed to the A101 Prime Contract without reviewing the separate standard form A201 General Conditions. 

Shortly after Rocinante completed its work, True Harvest experienced lighting outages in each of the three new flower rooms. A third-party inspector reported that the wiring installed by the electrician (and approved by Rocinante) was defective, causing True Harvest to


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AWARD UPHELD IN W.VA. CAISSON DISPUTE Federal court reinforces high bar for overturning arbitration In 2018, the West Virginia Department of Highways (DOH) awarded a contract for construction of a section of King Coal Highway in Southern West Virginia just north of the intersection of the Kentucky and Virginia borders.  Continue reading…
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We are pleased to welcome construction and employment attorney Lori Metcalf to the firm.



A former general counsel for an international construction company,

LORI METCALF

focuses her practice on

construction law, employment law,

 and

government liability

.

In her employment law practice, Lori helps contractors avoid and resolve employment disputes and government compliance issues, such as:

  • employee claims of workplace harassment, discrimination, or wrongful termination;

  • jobsite safety issues;

  • wage-and-hour compliance;

  • employment and independent contractor agreements;

  • severance and noncompete agreements; and

  • employee handbooks.

After earning her law degree at Arizona State University, Lori served for two years at the Arizona


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Lang Thal King & Hanson ranked #4 in the category of construction litigation and #6 in the category of commercial litigation in Ranking Arizona in 2026. Thank you for your support!

Vote for Lang Thal King & Hanson in Ranking Arizona 2027 for Construction Litigation


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The Arizona Court of Appeals’ application of Arizona’s Prompt Payment Act produces a favorable decision for subcontractors.

Brian Pouderoyen

Appellate court decisions that apply Arizona’s

Prompt Payment Act

are rare. As a result, the Arizona Court of Appeals’ recent memorandum decision in

Canon v. Retail

, which delivered a good outcome for subcontractors, is worthy of attention. 

In a nutshell, the decision gives Arizona subcontractors a valid argument that, if a general contractor does not object to their invoice within 14 days of receipt, that invoice may be legally deemed as approved.

  • See

    Canon Electric LLC, v. Retail Contracting Group,


Continue Reading Court: Unless the general contractor objects within 14 days, an Arizona subcontractor’s invoice may be deemed valid

LET THE CONTRACT LEAD Documents offer guidance needed to manage risk without derailing projects Construction is an industry of managed risk. Whether the prices of raw materials are fluctuating, the unpredictability of the weather or the site conditions, uncertainty is the only constant. Amidst the fog of uncertainty, use the contract to navigate. Continue reading…
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WHEN IS AN INVOICE REALLY AN INVOICE? All court decisions are opinions. Appellate court decisions are typically made by a panel of three judges. Here, after a dispute arose 19 years earlier, two judges formed the majority opinion, described below. The third judge disagreed and wrote a dissenting opinion, also described below. With whom would […]
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By

Christian Lestinsky

Receiving a citation from Arizona’s OSHA equivalent – the Division of Occupational Safety and Health (ADOSH) – can be stressful, disruptive, and costly.

Beyond potential penalties, an ADOSH citation can affect employee morale, operations, insurance, and your company’s reputation. How your company responds, particularly in the first days after receiving a citation, can have lasting consequences.

Below are practical, real-world steps you should take if you receive an ADOSH citation.

1. Immediately Abate the Alleged Safety Risk.

Employee safety is the top priority.

Whether or not you agree with the citation, the first step should always be


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CLARIFYING PUNITIVE DAMAGES In June 2021, the South Dakota Department of Transportation contracted for the demolition and construction of a bridge on State Highway 38 outside of Salem, S.D. The prime contract included the DOT’s standard specifications, which included strength, quality, testing and inspection requirements for concrete. Continue reading…
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WHEN APPROXIMATE MEANS ASSUMED RISK A New York Court Shows How Performance Specifications Can Leave Contractors Holding the Bag Sometimes when we are told what to do, the directions include when, where, by whom and how to do it. Other times, we are simply asked to get the job done and the how is up […]
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FROM ROMAN ARCHES TO AI Can Construction Evolve Without Risk? The construction industry blends old with new. From ancient Roman archways and aqueducts and 2,000-year-old theories of fluid mechanics by Archimedes through the invention of modern Portland cement just over 200 years ago to the survey or other technologies of today, the construction industry has […]
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CAUGHT IN THE MIDDLE New Mexico bridge case highlights the importance of written agreements for changes and delay compensation In construction contracting, hope for (and focus on) the best after planning for the worst. In 2018, the New Mexico Department of Transportation (NMDOT) selected a prime contractor for construction of a bridge in Quay County, […]
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