Arizona court holds homeowners can recover attorneys’ fees for defective construction despite failing to pay contractor’s final invoice, but contractor entitled to prejudgment interest on claim for the unpaid invoice. Division 1 of the Arizona Court of Appeals just issued a published opinion in Sirrah Enterprises, LLC […]
Division 2 of the Arizona Court of Appeals just issued a memorandum decision in World Fuel Services, Inc. v. Hotton Enterprises, Inc., dealing with what happens when a buyer is charged the wrong price, but pays anyways and keeps placing orders. The opinion can be accessed by clicking here. Our summary […]
As discussed in our earlier post, inFisher v. Rondo Pools, 1 CA-CV 18-0343 (Ariz. App. 2019), the court upheld a verdict finding a contractor that performed defective work did not materially breach its contract because it made “reasonable assurances that it would cure the alleged […]
In Fisher v. Rondo Pools, 1 CA-CV 18-0343 (Ariz. App. 2019), an owner terminated a contractor mid-project for various defaults. The owner sued, and the jury found the contractor did not materially breach the contract because the contractor had offered to cure its defaults. On […]
The first ‘Testing the Limits of Expert Testimony’ post discussed inconsistency in barring experts from opining on ultimate issues like fault allocation, and the second post discussed jury reliability in allocating fault absent expert guidance. These posts assumed that fault allocation is appropriate in construction […]