Construction / Design Defect Law

Securing payment for work performed or materials supplied is the obvious goal of every contractor.  If payment is not made by the owner or owner’s lender when due, the contractor may seek legal relief.  The contractor may sue the owner or place a lien against the land and foreclose the lien, or in the case of public buildings and improvements, seek recovery against the required statutory bond.  Conversely, the owner may have claims against the contractor or subcontractor for performing substandard or incomplete work.

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Additionally, contractors may need legal assistance to help resolve issues with their license which involves the Arizona Registrar of Contractors.  Francis J. Slavin co-authored the text book on Arizona construction law:  Arizona Construction Law & Mechanics Liens (1980-2005) and lectured on seminars on construction law for over 25 years.  The firm is well versed in this area of the law.

In construction defect law, there are two different types of defects: design defects and construction defects. A design defect is an inherent failure of the design of a structure.  A construction defect is a failure to adhere to the approved design of the structure or community standards of good workmanship, or use of substandard materials or improper methods of construction. The classification of the defect usually determines which party or parties are at fault for the defect.  It is not uncommon in construction defect litigation for claims to be made against design professionals as well as contractors and material suppliers.

Our firm has extensive experience in the negotiation and drafting of construction agreements including modification of standard AIA and AGC contract forms and general conditions.  Our firm’s experience in this area includes preparation of a $125 million design-build construction contract for a major government contractor manufacturing facility.