Construction Advisor Blog

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Properly drafted contractual provisions can be among your construction business’s best allies.

  • limit risks

  • increase the costs and decrease the rewards for those who bring groundless claims

  • defend your business from costly lawsuits.

Before you invest time in drafting a contract, remember that some jobs just aren’t worth the risk. Customers who want you to build the impossible – overnight, on a very tight budget – will be trouble. If you think the customer is destined to be unhappy, you are probably right. Walk away. The profit you might make on the project is tiny compared to what you could
Continue Reading Contractors: A good construction contract reduces risk, boosts profits

In its September 2022 issue,

Phoenix

magazine has listed Lang & Klain litigation attorneys

Bill Klain

and

Mickell Summerhays

among its “Top Lawyer” selectees for 2022.

The magazine made its selections from voting conducted among Phoenix-area attorneys.
Continue Reading Bill Klain, Mickell Summerhays are Phoenix magazine "Top Lawyer" selectees

In its September 2022 issue,

Phoenix

magazine has listed Lang & Klain litigation attorneys

Bill Klain

,

Jamie Hanson

and

Mickell Summerhays

among its “Top Lawyer” selectees for 2022.

The magazine made its selections from voting conducted among Phoenix-area attorneys.
Continue Reading Klain, Hanson, Summerhays are Phoenix magazine "Top Lawyer" selectees

On a residential project, even a minor

ROC discipline

against your

contractor’s license

can trigger a

Recovery Fund award

and a second license suspension.

By

Andrew Wenker

If the Recovery Fund makes a payment,

the license will automatically be suspended again

until the licensee has repaid the Recovery Fund, with interest. If the contractor does not incur costs at the outset to resolve the underlying complaint, it will inevitably do so at the end if it wants to continue in construction.

This creates a real hardship for contractors that have to generate income in order to repay the Recovery Fund
Continue Reading ROC license suspensions and Recovery Fund awards

The Arizona Supreme Court has ruled that, if an architect or engineer is negligent in their work on a project, and if they do not have a direct contract with the project owner, they are not obligated to reimburse the owner for the cost of their negligence.

  • “[D]esign professionals lacking privity of contract with project owners do not owe a duty to those owners to reimburse them for purely economic damages.”

That opinion does not mean that negligent design professionals get off scot-free. (“

Donnelly

‘s demise does not insulate design professionals from legal consequence for their negligence,” the opinion
Continue Reading No contract? Negligent architects, engineers not obligated to reimburse project owner for losses

Contractors in central and southern Arizona know all too well the work hazards that accompany Arizona’s notorious summers. OSHA’s recently launched National Emphasis Program on Outdoor and Indoor Heat Hazards (NEP) provides a useful reminder of the risks of heat stress and how to help workers avoid it.

Before we describe some of the resources at your disposal, let’s briefly discuss the NEP and its application in Arizona. The NEP, which went into effect April 8 and is scheduled to continue for three years, calls for heat-specific workplace inspections in over 70 high-risk industries (including construction) at locations where the
Continue Reading Heat stress: Reducing the safety risks to outdoor workers

If

OSHA

follows through on its threat to strip workplace safety enforcement from the state, Arizona employers should expect a much harsher regulatory environment.

On April 20, citing what it termed the State of Arizona’s “decade-long pattern of failures” in enforcing private workplace safety, the federal Occupational Safety and Health Administration (OSHA)

announced its intention to revoke the Arizona State Plan

, under which the Arizona Division of Occupational Safety and Health (ADOSH) – in place of OSHA – conducts workplace safety inspections and enforcement.

Arizona is one of 28 states and territories that operate their own OSHA-approved state plans.
Continue Reading OSHA takeover? How Arizona contractors can prepare

Unintended Consequences.

A contractor can be disciplined for, according to

A.R.S. § 32-1154(A)(20)

:

“having a person named on the license who is or was named on any other license in this state or in another state that is under suspension or revocation for any act or omission that occurs while the person is or was named on the license.”

Why that is bad: If someone serves as the QP on their “buddy’s” license, while simultaneously being the QP for their own company, their own company could be disciplined because of the discipline imposed on the other license.

Additionally, unresolved
Continue Reading Are you really sure you want to be the qualifying party on your “buddy’s” ROC license?

A $74,000 order issued by the Arizona Registrar of Contractors illustrates the potential consequences for contractors of restitution orders, as well as a possible shift toward more aggressive restitution orders in the future.


The contract required the contractor to get all required permits and inspections. However, despite the contractor’s assurances, during the project the contractor either failed to get the permits and inspections or failed to get them on time. At one point, the contractor reached out to a local building official and asked whether doing certain work without a permit would be punished only by a “slap on the
Continue Reading Arizona contractors can be liable to pay financial restitution to homeowners

Lang & Klain is ranked among Arizona’s top 10 law firms in both

Construction Litigation (#4)

and

Commercial Litigation (#5)

in the 2022 edition of

Ranking Arizona

.

Generally considered to be Arizona’s largest business opinion poll, Ranking Arizona is a service of AzBigMedia, publishers of

AzBusiness, AZRE

and other business-related magazines.

The survey is open to the public and offers choices from among more than 20,000 companies and firms in over 200 industries and market sectors.
Continue Reading Ranking Arizona: Top 10 law firm in Construction Litigation, Commercial Litigation


Construction lawyers’ perspectives on the unique qualities of the roofing trade, the benefits of ARCA membership, and dealing with OSHA and the ROC.

For more than a decade, roofing contractors have been a major client segment at Lang & Klain, P.C., one of Arizona’s largest and most accomplished construction law boutiques.

Lang & Klain’s experience in advising and defending the roofing trade has proven to be a valuable – and sometimes business-saving – resource for many roofers.

Over lunch recently, three of the firm’s construction law partners — firm founder

Kent Lang

,

Best Lawyers’

construction litigation “Lawyer of the
Continue Reading Under the Same Roof: A construction lawyers' look at the roofing trade