Blog Archives

Preliminary Notices – The Process is Simple

The Process for preparation of a Preliminary Notice in Arizona is simple. 1]        The Notice must be sent out within 20 days of first providing labor, materials, equipment, or services to the project.  A notice can never be sent out

Posted in Arizona, Preliminary Notices

Arizona Medical Marijuana Act ARS §36-2801 et seq. – Updates to “Zero Tolerance” Employment Policies and Manuals

Guy W. Bluff , Esq.  (23-Mar-2011) A.   Arizona Medical Marijuana Act ARS §36-2801 et seq This past November, Arizona voters approved, by 50.13%, Proposition 203, the Arizona Medical Marijuana Act, which legalizes marijuana for medicinal purposes. Arizona is one of only

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Posted in Arizona, Employment

Construction Preliminary Notices / Notices to Owner – Forms / Deadlines Differ by State

Arizona law requires that every person (except for wage earners) who furnishes labor, professional services, materials, machinery, fixtures or tools to a construction project give prior written notice, generally called a 20 Day Preliminary Notice, of their statutory rights to

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Posted in Arizona, California, Colorado, Idaho, Mechanic Liens, Montana, Nevada, New Mexico, Oregon, Preliminary Notices, Washington, Wyoming

Construction Defects / Economic Loss: Flagstaff Affordable House v. Design Alliance

Az Sup. Ct. (2010-Feb-12) In a construction defect case, a property owner is limited to its contractual remedies when an architect’s negligent design causes economic loss but no physical injury to persons or other property.  The “economic loss doctrine” bars

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Posted in Arizona, Construction Defects, Economic Loss Doctrine

Evidence – Spoilation: Lips v. Scottsdale Healthcare

Az. Sup. Ct (2010-May-03) Arizona does not recognize the tort of third-party negligent spoliation.  (Spoliation is the destruction or material alteration of evidence. When spoliation is committed by a party to a lawsuit, it is referred to as first-party spoliation;

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Posted in Arizona

Service of Process: Cardona v. Kreamer / Lac Vieux

Az. Sup. Ct (2010-Jul-30) Service of process on persons and business entities in Mexico by certified mail, e-mail, federal express, and 1st class mail is defective.  Service of foreign judicial documents in Mexico must be made through Mexico’s Ministry of

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Posted in Arizona

Insurance – Notice: Ballesteros v. American Standard Ins Co Wisconsin

Az. Sup. Ct (2011-Jan-20) The “written notice” provision of § 20-259.01 (regarding insurer’s obligation to offer UM/UIM insurance coverage) does not require translation of the offer into Spanish so that a Spanish speaker understands the offer’s terms; it requires only

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Posted in Arizona

NEW – State Specific Lien Waiver Forms – 2011

By: Guy W. Bluff, Esq. (13-Feb-2011) New for 2011, Bluff & Associates has posted FREE DOWNLOADABLE state specific construction waivers and lien release forms for all of the western United States.  State specific forms are now available for download for:

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Posted in Arizona, California, Colorado, Idaho, Lien Waivers, Mechanic Liens, Montana, Nevada, New Mexico, Oregon, Utah, Washington, Wyoming

California Construction Defects Litigation Update

By: Guy W. Bluff (08-Feb-2011) Anders v. Meritage Homes of California, F059492 (5th App Dist, CA) California Civil Code sections 895-945.5 (SB 800) was enacted in 2002 to specify the rights and requirements of a homeowner to bring an action

Posted in Arizona, California, Construction Defects

New California Mechanic Lien Requirements for 2011

Guy W. Bluff,  Esq. (06-Feb-2011) Effective, 01-Jan-2011, California Civil Code sections 3084 and 3146 require two additional notices relating to mechanic’s liens: the “Notice of Mechanic’s Lien” and the “Notice of Pendency of Action.”  For those construction attorneys practicing in

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Posted in Arizona, California, Lis Pendens, Mechanic Liens, Preliminary Notices