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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

…
Continue Reading What to do if you receive an ADOSH citation: Practical steps for Arizona employers

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…
The post Roads & Bridges | Clarifying Punitive Damages appeared first on Heavy Construction Law Blog | Jonathan Straw.
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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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The 2026 edition of

The Best Lawyers in America

®

 , released Thursday, recognizes nearly half of our firms attorneys.

Selected for the coming year are 


Kent Lang


,


Mike Thal


, and


Rick Friedlander


, plus “Ones to Watch” honorees


Jamie Hanson


 and 


Erika Johnsen


.

In addition,


Mike Thal


was named

Construction Law “Lawyer of the Year”

(Scottsdale) — his third Lawyer of the Year selection since 2019.

…
Continue Reading Best Lawyers honors five Lang Thal King & Hanson attorneys for 2026

WAIT AND IT’S WAIVED Roads & Bridges | Supreme Court Ruling on Arbitration Delay Don’t wait to arbitrate! Progressing too far down the litigation pathway can waive your right to arbitration. However, not filing a lawsuit may not toll or pause the statute of limitations in Federal Miller Act or State Little Miller Act scenarios. […]
The post Roads & Bridges | Wait and It’s Waived appeared first on Heavy Construction Law Blog | Jonathan Straw.
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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 […]
The post ROADS & BRIDGES | BIDDING BLUNDER appeared first on Heavy Construction Law Blog | Jonathan Straw.
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Lang Thal King & Hanson ranked #5 in the category of construction litigation in Ranking Arizona in 2025. Thank you for your support!

Vote for Lang Thal King & Hanson in Ranking Arizona 2026 for Construction Litigation

Vote for Lang Thal King & Hanson in Ranking Arizona 2026 for Commercial Litigation

…
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