For over 125 years, the vast majority of jurisdictions have refused to bind contractors to erroneous bids. In 1900, the U.S. Supreme Court reasoned that a bidder should not be bound to a clerical mistake because, if that happens, there could be no meeting of the minds to create a contract. Moffett, Hodgkins & Clarke […]
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Real Estate & Construction
Lang Thal King & Hanson makes the top 5 in construction litigation in Ranking Arizona 2025
Lang Thal King & Hanson ranked #5 in the category of construction litigation in Ranking Arizona in 2025. Thank you for your support!
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Super Lawyers selects six Lang Thal King & Hanson attorneys for 2025
Six Lang Thal King & Hanson attorneys are 2025 Super Lawyers honorees:
Kent Lang
,
Mike Thal
,
George King
and
Rick Friedlander
, plus Rising Stars selectees
Brian Pouderoyen
, and
Andrew Wenker
.
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FEDERAL CONTRACT TERMINATION OR MODIFICATION
The White House has directed Agency heads to “terminate or modify . . . covered contracts.” With some exceptions, there are numerous potential contracts on the chopping block. What should contractors do? Upon receipt of a unilateral modification, assess whether the cost or time will increase in unchanged areas. For example, deductive changes for certain […]
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Roads & Bridges | Maximizing Damage Recovery
MAXIMIZING DAMAGE RECOVERY Tracking Costs, Avoiding Duplication in Liquidated and Actual Damage Claims A County and Contractor contracted for construction of a road and drainage improvement project. The planned project duration was 180 days. The Contractor delayed and defaulted. The Contractor’s surety entered into a takeover agreement with the County to complete the project. Continue […]
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Roads & Bridges | Roadwork, Delays and Disputes
ROADWORK, DELAYS, AND DISPUTES The Subcontract Case In Pecos County, Texas “Road construction is ubiquitous in our society. . . .” C&C Road Construction, Inc. v. Saab Site Contractors, LP, 574 S.W.3d 576 (March 29, 2019). The Court of Appeals of El Paso, Texas could not be more right on this point. And where there […]
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Roads & Bridges | Understanding Sovereign Immunity
UNDERSTANDING SOVEREIGN IMMUNITY| Public Contracts and Lessons from Recent Texas Cases Generally, governmental entities are immune from lawsuits. One exception is contractual. If a governmental entity is party to a contract and likely procedural requirements are strictly followed (e.g., notice and/or presentation of claims, among others), then the government is deemed to have has waived […]
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Roads & Bridges | Indiana Court Upholds Broad ND4D Clause
INDIANA COURT UPHOLDS BROAD ND4D CLAUSE | Indiana Court Upholds Broad ND4D Clause This is the story of an Indiana court that broadly applied a delay damages waiver to claims for delays, accelerations and changes. Continue reading.
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Roads & Bridges | Some Conditions Apply
SOME CONDITIONS APPLY | The scope of insurance policy coverage and what the terms dictate At some time or another, many have tried to read, and some have actually understood insurance policies. Many of those same people have concluded (rightfully) that word games, puzzles and the like are far easier (and more entertaining). Elementally, insurance […]
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Christian Lestinsky joins Lang Thal King & Hanson
A former prosecutor with the Maricopa County Attorney’s Office,
Christian Lestinsky
uses his litigation skills to navigate disputes and advocate for our clients, both in and out of the courtroom.
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ROC cases and the “trial de novo” statute: After three years, uncertainty endures
Inconsistency among Arizona’s trial courts in how the 2021 statutory revisions are to be applied make legal strategies difficult for contractors to employ statewide.
By
Jamie Hanson
In September 2021, the Arizona legislature amended
A.R.S. § 12-910
, which governs appeals of administrative decisions by the Registrar of Contractors and allows for a
trial de novo
after an ROC hearing.
We discussed the effects of those amendments in two previous articles:
-
Good News for Arizona Businesses: Appealing a State Regulatory Ruling Now Leads to a Fresh Trial in Superior Court
(December 2021)
…
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Roads & Bridges | Contract Termination
CONTRACT TERMINATION | An unpredictable case teaches hard lessons to each party involved Court decisions are “opinions.” There are majority and dissenting (disagreeing) opinions. Consistency in opinions across different courts, judges and cases promotes certainty and efficiency. Although courts may strive for consistency as they apply the facts of each case to the applicable laws, […]
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Andrew Wenker receives Phoenix magazine “Top Lawyers” recognition
Phoenix
magazine has named Lang Thal King & Hanson litigation attorney
Andrew Wenker
as one of its
2024 “Top Lawyers”
selectees. Andrew is one of 12 Valley attorneys recognized for their legal skill in construction law.
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Best Lawyers honors six Lang Thal King & Hanson attorneys for 2025
The Best Lawyers in America
®
lists six Lang Thal King & Hanson attorneys in its 2025 edition. Honorees are
Kent Lang
,
Mike Thal
, and
Rick Friedlander
, plus “Ones to Watch” honorees
Jamie Hanson
,
Jason Clark
and
Erika Johnsen
.
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Roads & Bridges | Good Faith and Fair Dealing
GOOD FAITH AND FAIR DEALING | How Do You Prove a Party Has Failed to Act Based Upon an Ulterior Motive? The duty of good faith and fair dealing comes with every contract. A breach of which is challenging to prove because it is relatively simple to fulfill. In 2017, a contractor agreed to mill […]
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Roads & Bridges | Not Another Notice Story
NOT ANOTHER NOTICE STORY| This Defensive Argument Seems to be on the Rise AS I CONSIDERED the subject matter for this column, I found yet another example of courts strictly enforcing notice requirements. If you regularly read this column, you have seen similar scenarios and may wonder, “Why am I reading yet another story about […]
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