Friday, July 4, 2008

Legal Briefs

Jennings, Haug & Cunningham Legal Briefs

Doing Business on the Reservation

Doing business with a tribe or tribal entity has its own set of potential problems and pitfalls, many of which must be addressed in the contracts that are used with the tribal entity. Contractors and their sureties and other businesses who do work on the Reservation must do their homework prior to signing the contract, surety bond or other obligation. With the correct modifications to the contract, most concerns can be addressed, allowing your business venture on the Reservation to be a success. For more information on how to make your next tribal business venture a success, give us a call.

Contact: Ed Rubacha
Phone: 602-234-7846
Email

The Changing Business Environment

In July 2001 and again in August 2006, substantial amendments were made to Arizona's Uniform Commercial Code. In 2005, substantial changes to the Bankruptcy Code took effect. Every business must know how to protect their credit and asset based financing from the changes to these Codes. The attorneys at Jennings, Haug & Cunningham, LLP can help you understand these changes, and can help assist you in protecting your existing and subsequent transactions under the new requirements. For more information on the changes to the Uniform Commercial Code, and how the changes will impact credit and asset based finance agreements, contact John Sinodis. For more information on the amendments to the United States Bankruptcy Code, contact Dean Dinner or Phil Mitchell.

Contact: John G. Sinodis
Phone: 602-234-7834
Email

Contact: Dean M. Dinner
Phone: 602-234-7874
Email

Contact: Philip G. Mitchell
Phone: 602-234-7836
Email

Estate Planning

Recent federal tax code amendments allow for the greater transfer of wealth without the payment of estate or gift taxes. New revisions to Arizona's trust statutes have changed the reporting requirements for some trusts. Prior estate plans and trusts may not take full advantage of the recent amendments, and this could result in unnecessary reporting requirements and payment of estate and gift taxes. To have your estate plan prepared, or to update an existing estate plan to take advantage of the recent changes to the law, contact us and let us know how we can be of service.

Contact: Curtis A. Jennings
Phone: 602-234-7802
Email

Arizona's Mechanics and Materialmen Lien Laws

In 1998 and 1999, the Arizona legislature made substantial changes to Arizona's lien laws. New Stop Notice procedures have been added. The definition of "completion" and the number of days from "completion" that lien claimants have to record their Notice and Claim of Lien have been changed. These changes impact residential and commercial construction. If you are not aware of the changes, you might fall victim to the penalty for recording an invalid Notice and Claim of Lien or for serving an invalid Stop Notice, which remains at $5,000 or treble actual damages, which ever is greater. For more information concerning the recent legislative amendments, or to set up an appointment for an in-house seminar, contact the attorneys at Jennings, Haug & Cunningham, LLP.

Contact: D. Kim Lough
Phone: 602-234-7824
Email

Contact: Jim Csontos
Phone: 602-234-7832
Email

Construction Defect Litigation

In the last ten years, Arizona has seen a rapid increase in large-scale construction defect litigation. Homeowner associations and apartment complex owners have increasingly chose to litigate claims against developers, architects, contractors and subcontractors. These actions may involve hundreds of units, or homes, and millions of dollars of alleged damages. Many law firms and consulting firms from out-of-state are coming to Arizona to prosecute these actions. The attorneys at Jennings, Haug & Cunningham, LLP have years of experience in representing owners, architects, contractors and subcontractors in construction defect litigations. For more information on Construction Defect litigation matters, or pending legislation aimed at decreasing the amount and/or cost of such litigations, contact one of the attorneys practicing in the Firm's Construction Defect or Construction Law Sections.

Contact: Chad L. Schexnayder
Phone: 602-234-7830
Email