The Colorado Supreme Court affirms Woodbridge II’s “Adverse Use” Distinction
By: Luke Mecklenburg Last year, I posted regarding the Colorado Court of Appeals’ decision in Woodbridge II, which concluded that the “adverse use” element for prescriptive easement claims only...
View ArticleWhen Is A Project Delay Material and Actionable?
By Rick Erickson Welcome to 2022! This year, the construction industry will undoubtedly reflect on the last two years as unprecedented times plagued by construction project delays. The COVID-19...
View ArticleHOA Foreclosure Excess Sale Proceeds Go to Owner
By: Ben Reeves Over the last few years, the Arizona Court of Appeals wrestled with the question of who should receive the excess proceeds from a foreclosure sale. We’ve blogged about some these past...
View ArticleCan I Recorda Lis Pendens in Arizona if the Lawsuit is filed Another...
By: Ben Reeves Recent research I did on a case led me to the conclusion that Arizona law recognizes foreign litigation (i.e., a lawsuit filed outside of Arizona) as a justification for the recording of...
View ArticleCan I Record a Lis Pendens in Arizona if the Lawsuit is filed Another...
By: Ben Reeves Recent research I did on a case led me to the conclusion that Arizona law recognizes foreign litigation (i.e., a lawsuit filed outside of Arizona) as a justification for the recording of...
View ArticleDon’t Be Lazy with Your Tenders
By Rick Erickson Our clients probably spend significant time, money and effort refining and updating their contract provisions covering indemnification and the duty to defend claims arising on their...
View ArticleThe Arizona Supreme Court Confirms that Judgment Liens Attach to Homestead...
By: Ben Reeves The Arizona Supreme Court recently clarified that a judgment lien does, in fact, attach to the proceeds of the sale of a homestead property. See In re McLauchlan. In sum, if the sale of...
View ArticleLiquidated Damages: Too High and It’s a Penalty. Too Low and You’re Out of Luck.
By: Christian Fernandez Liquidated damages provisions in commercial and residential real estate contracts play a vital role when a transaction goes south, and should be given careful consideration when...
View ArticleThe Unwavering Un-waivable Implied Warranty of Workmanship and Habitability...
By: Robert A. Henry and Emily R. Parker The Arizona Supreme Court recently issued an opinion on the scope of the implied warranty of workmanship and habitability (the “implied warranty”) in contracts...
View ArticleBest Practices: Commercial Lockouts in Arizona
By: Patrick Tighe If a tenant defaults under a commercial lease, Arizona law permits the landlord to re-take possession of the premises by locking out the defaulting tenant. However, if the landlord’s...
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