Real Estate Litigation

Don’t Be Lazy with Your Tenders

By Rick Erickson Our clients probably spend significant time, money and effort refining and updating their contract provisions covering indemnification and the duty to defend claims arising on their projects. But they should also consider spending an appropriate and adequate amount of time, money and effort when sending notices, or “tenders,” to enforce those critical […]

October 13, 2022 | 4 min read | Tagged: construction contracts, construction defect litigation, construction law, construction litigation, contracts, duty to defend, duty to indemnify, indemnification, indemnity, insurance coverage, legal notice, liability insurance, notice of claims, real estate development, residential construction, residential real estate development, tender of defense, tender of defense and indemnity

Rick Erickson Partner

Arizona Supreme Court Confirms a Prevailing Homeowner Can Recover Fees on Implied Warranty Claims

By Rick Erickson On August 9th, in Sirrah Enterprises, L.L.C. v. Wunderlich, the Arizona Supreme Court settled the question about recovery of attorneys’ fees after prevailing on implied warranty claims against a residential contractor. The simple answer is, yes, a homeowner who prevails on the merits can recover the fees they spent to prove that […]

August 24, 2017 | 2 min read | Tagged: attorneys fees, breach of contract, construction law, contractor, homebuilder, homeowner, implied warranty, implied warranty of workmanship and habitability, insurance coverage, liability insurance, residential construction

Rick Erickson Partner