Construction Law

Tiffany & Bosco assists clients in the Arizona construction industry with all facets of their businesses. We consult with clients and prepare agreements to best protect their interests in connection with bidding, negotiating and performing construction projects, as well as litigation when necessary. We recognize that no two construction law matters are exactly the same. As such, we provide personal attention, custom-tailored solutions based on diligent preparation, and innovative legal strategies to each of our clients.

Construction Law Clients

Our clients range from large construction operations to individual professionals, and include:

  • Public and private owners
  • Prime contractors
  • Subcontractors
  • Construction managers
  • Construction suppliers
  • Engineers and architects
  • Sureties
  • Others related to the construction industry

List of Construction Services

Our comprehensive services for these and other individuals or entities in the construction business include:

Construction Contracts: A good construction contract protects both the contractor and the property owner. To ensure the best construction contract, we leave nothing to chance including every possible element from the exact work to be performed to costs; from due dates and fees to how alterations are to be handled. To further protect contractors, each contract is developed independent of any others provided in the past and includes current regulatory and insurance information.

Subcontractor Agreements: One area in construction contracts that causes difficulties for some is negotiating and hiring subcontractors. Each subcontractor should have its own agreement, which should spell out exactly what work is to be performed, the deadlines for the work, and who is to cover costs, tools, materials and more. A subcontractor agreement should be as detailed as any other construction contract.

Change Orders: No contract can cover everything that may arise during construction. An owner may decide something more is needed and should make a formal request called a change order. To protect our construction clients, we develop change orders and see to it that the owner agrees to the new terms. Even something that seems a minor change can result in legal problems later, so we treat any change order as a serious matter.

Construction Defects/Litigation: When defects in construction appear and there have been multiple contractors/subcontractors on the project, litigation can be complicated. At Tiffany & Bosco, our construction law attorneys know how to isolate issues and protect our clients’ interests. Whether there have been multiple subcontractors or only your company, we offer unparalleled protection.

Breach of Fiduciary Duty: Construction contractors are considered to hold a fiduciary responsibility toward most owners of a project. Thus, when the owner litigates, the contractor is held to a higher standard. At Tiffany & Bosco, we know this and provide the highest level of protection when a breach of fiduciary duty has been claimed.

Defective Building Products: Some believe there are no defective building products, only defective craftsmanship. To some extent, this claim is correct, though not entirely. Architects can design structures that cannot be properly constructed using the building products stated in the contract, and shippers can provide counterfeit products that fail to meet specifications. We take nothing for granted and fully investigate any such claim in order to protect our construction clients’ interests under the law.

Zoning and Land Use Law: It is not uncommon for contractors to break ground on a project only to discover that the zoning and land use laws associated with the project were not adequately reviewed. Tiffany & Bosco attorneys carefully perform due diligence by reviewing zoning law restrictions, easements, and any other factors that may hinder a construction project before it begins. This prevents unpleasant surprises later.

Construction Site Accidents: When our construction clients face litigation resulting from worksite accidents, the team at Tiffany & Bosco get to work protecting their interests. We carefully investigate the accident and work with you to ensure the best possible outcome for your company, whether by settlement or through a vigorous defense in the courts.

Foundation Failures: Differential settlement occurs when any part of a structure moves. Such movements may have a variety of causes, many of which are unforeseeable. In such cases, the failure of a foundation may not be the fault of the construction company or engineers, but simply nature. We protect construction clients facing litigation related to foundation failures by carefully investigating not only the physical elements, but the contractual as well.

Warranty Claims: Warranty claims must be specific to warranty contracts. When a client is facing unwarranted warranty claims, it is often because the owner is seeking recompense based on wording that does not exist in the warranty. We offer legal services to protect construction companies against both implied and express warranties. In addition, we draft legally sound warranties for our construction clients.

Mechanic’s Liens/Bond Claims: At times, a property owner may fail to pay the contractor for services rendered. When this happens, we can file a mechanic’s lien against the property on your behalf. Arizona statutes provide specific rules for dealing with properties that have liens against them, up to and including a sale of the property. Alternately, if a property owner has filed a bond claim, we represent our clients in defending the actions that led to the claim.

OSHA Citations: Few businesses enjoy dealing with the Occupational Safety and Health Administration, and contractors are no exception. Construction sites can be difficult settings in which to maintain perfect OSHA standards – this often leads to baseless fines. Our attorneys can help limit the exposure of your company to such fines and help get the work going again if the organization has called a halt to construction.

Government Contract Issues: If an issue related to a government contract is impacting your construction project, let the team at Tiffany & Bosco know right away. We will review the claim, the contracts, and the law so that you can get back to work.

Prompt Pay Claims: In 2006, Arizona enacted the Prompt Pay statute to ensure that construction companies receive timely payments for satisfactory work completed. The statute applies to projects lasting more than 60 days, and payments may be requested every 30 days. Once an invoice is submitted, the contractor should either receive payment within 21 days or a letter stating reasons the work is not approved within 14 days. We help our clients get paid on time.

Registrar of Contractors: Arizona requires that contractors be registered with the state to perform contracting services. Our team will gladly assist you in handling all legal aspects of the registration process including applications, classification of license, account maintenance, bonding, background checks, business name availability, and more. Contact us today to get started with your contractor registration.

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