Yearly Archives: 2011

Berry v. 352 E. Virginia, L.L.C. – 6/9/2011

June 16, 2011
Arizona Court of Appeals Division One Holds That (1) a Party Claiming Entitlement to Fees and Costs Under a Contractual Provision Must Plead and Prove Its Claim in the Trial Court; (2) Prejudgment Interest Is Appropriate as of the Date the Amount of the Claim Can Be Readily Calculated; (3) the Trial Court Does Not Abuse Its Discretion in Awarding Fees to a Party under A.R.S. § 12-341.01 When That Party Received a Monetary Judgment and the Court Reduced the Amount of Requested Fees to Reflect

Fagerlie v. Markham Contracting Co. – 5/31/2011

June 8, 2011
Arizona Court of Appeals Division One Holds That A Laborer May Assert Mechanics’ Lien Claims Against Owners of Subdivision Lots Even Though the Laborer Contracted With The Subdivision’s Developer. The Court Also Holds That The Land Owner Has The Burden To Prove The Existence of A Statutory “Cessation of Labor” Which Would Invalidate A Lien, That a Claimant May Record Corrections To an Already-Recorded Lien, And That A Lis Pendens Recorded In Connection With a Mechanics’ Lien Need Not

WB, The Building Company, LLC v. El Destino LP (6/2/2011)

June 6, 2011
Arizona Court of Appeals Division One Holds That (1) an Arbitration Clause in a Construction Contract Is Void or Voidable When the Contractor Did Not Possess a Contractor’s License, and (2) an Arbitration Is Not an “Action” for Purposes Awarding Attorneys’ Fees and Costs under A.R.S. §§ 12-341 and 12-341.01.