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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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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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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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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:

…
Continue Reading ROC cases and the “trial de novo” statute: After three years, uncertainty endures

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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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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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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By: Ben Reeves

The National Association of Realtors (NAR) has been the subject of several recent lawsuits alleging anticompetitive conduct. In a nutshell, the allegations are that agents restrict the flow of information regarding homes for sale, and leverage that informational asymmetry to inflate agent commissions. After a nearly $2 billion judgement was entered against NAR (and others) in Missouri, things are certainly going to change in the industry. Here’s an article that explores the history of these issues: Realtors Partied, Spent Big and Lobbied Hard. Then It All Came Crashing Down.
Continue Reading Fundamental Shift Coming in Real Estate Agent Compensation

Announcement of the new rule has triggered multiple legal challenges that could delay its enforcement.

Going forward, employers are prohibited from entering into new non-competes, even for executives, and must notify workers bound by existing agreements that the non-compete provisions will not be enforced. The FTC is of the opinion that this rule will alleviate burdens on workers and foster a more dynamic and competitive labor market.

The rule includes a few exceptions, such as existing agreements with senior executives and non-competes that exist as part of the sale of a business. 

Legal Challenges.

The FTC announcement triggered immediate legal…
Continue Reading FTC: Non-compete agreements are no longer enforceable

ALL ACCORDING TO PLAN | Exact Measurements Go a Long Way In December 2013, a contractor agreed to replace four bridges for the Vermont Agency of Transportation (VTrans). Three bridges were completed on time. The fourth bridge involved the construction of a single-span steel girder bridge over the White River in Rochester, Vt. One abutment […]
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