Real Estate
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Arizona Supreme Court Issues Guidance Concerning HOA AmendmentsApril 25, 2022
On March 22, 2022, the Arizona Supreme Court issued a favorable opinion for individuals residing in a community governed by a Homeowners’ Association (“HOA”) who may wish to challenge the validity of amendments to the governing documents passed by a majority vote.…
Real Estate
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COVID-19 AND REOPENING BUSINESSES IN ARIZONAMay 7, 2020
Arizona, like many states, will gradually allow the reopening of businesses that were closed due to the COVID-19 pandemic. On April 29, 2020, Arizona Governor Doug Ducey issued Executive Order 2020-33, Returning Stronger. On May 4, 2020, Arizona Governor Doug Ducey issued Executive Order…
Real Estate
BlogCOVID-19 AND SMALL BUSINESS EVICTIONS IN ARIZONAApril 30, 2020
In an effort to protect small businesses, Arizona Governor Doug Ducey issued Executive Order 2020-21 Prohibiting Small Business Evictions. While the Executive Order was issued primarily to prevent commercial landlords from evicting commercial tenants, there are other provisions in the Executive Order that are…
Real Estate
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Does COVID-19 Impact Your Contracts? Perhaps It’s Time To Review Your AgreementsApril 2, 2020
It has been said that nobody really looks at the language of a contract until there is a problem. Now there could be a problem.
Shopping center owners and their restaurant tenants are now studying the language of…
Construction
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Arizona Surety Claims: Surety Bad Faith Revisited in Recent DecisionsMay 23, 2016
Practice Area:
Over the last twenty-six years, Arizona has been the epicenter of the national surety bad faith discussion. In 1989, the Arizona Supreme Court issued probably the leading surety bad faith case in the county – Dodge v. Fid. And Dep. Co.…
Real Estate
BlogUnderstanding Percentage Rent in Commercial LeasesOctober 16, 2015
Commercial leases for retail and restaurant tenants often require the tenant to pay percentage rent. Percentage rent is that sum a tenant will pay in addition to base (minimum) rent as a percentage of a portion of the tenant’s gross sales.
A landlord will want…
Real Estate
Blog
Small Business Real Estate Series, Part III: Personal Guarantees to Commercial LeasesOctober 6, 2015
Part II of the Small Business Real Estate Series focused on commercial lease negotiations. As indicated in the blog, commercial leases are typically extensive, including dozens of pages of terms with numerous exhibits, addenda, rules and regulations. One…
Real Estate
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Contractor Payment Pitfalls: No Right to Payment for Work Performed Outside License ScopeSeptember 9, 2015
Contractors, owners and sureties issuing contractor license bonds in the State of Arizona should be aware of a new opinion recently issued by the Arizona Court of Appeals (Division One): Chavira v. Armor Designs of Delaware, Inc.…
Business Litigation
BlogDo You Have An Exit Strategy From Your Business?September 2, 2015
Are you among the large percentage of the population nearing retirement? Have you considered how your family will be cared for in the event you become disabled or seriously ill and are unable to manage your business? What will happen to your…
Real Estate
Blog
Understanding Radius Restrictions in Commercial LeasesAugust 20, 2015
Radius restrictions are common in commercial leases that include a percentage rent provision, under which a tenant pays a percentage of the revenue generated from its premises in addition to base rent. Since a landlord does not want the percentage rent generated by the…
