James D. Sparks
Business Litigation
- Mechanic’s Lien – In general, if you have performed work or provided materials to a project , you have a lien on the property for your services. The lien allows you to have the property sold at auction and to have proceeds paid to you for your work.
- Bond Claims – There are many types of bonds in Arizona which might apply to a construction project. Some bonds protect the prime contractor and owner from defective work by a subcontractor and some act as insurance to ensure that contractors and material suppliers are paid.
- Stop Notices – A Stop Notice can be used to force an owner or construction lender to withhold money for a particular subcontractor or material supplier, if that person has not been paid. In general, once served with a stop notice, the owner/construction lender may be required to withhold monies that would otherwise go to the prime contractor, in an amount that is sufficient to satisfy the amount owed to the subcontractor.
- Prompt Payment Act – Arizona has lots of laws that protect contractors. Different laws will apply depending on whether the project is a residential, commercial or public project and on whether you are a general or subcontractor. One of the laws protecting contractors is Arizona’s Prompt Payment Act.
- Breach of Contract – A breach of contract is a failure by a party to a contract to render performance when performance is due under the contract. A contract can be breached in many different ways. To determine whether there is a breach, the first place to look is the contract terms.
