Contractor Not Liable for Emotional Distress

As a result of poor construction, a jury awarded judgment against a contractor in favor homeowners for recovery of the full cost of necessary repair to the home plus damages for emotional distress caused by the contractor’s negligent performance. $50,000 was...

Recovery of Attorneys Fees: Indemnity Obligation

As a general rule, attorneys fees that one party expends in litigation cannot be recovered from another party in the absence of an express contractual provision requiring it. But is there a different result when a defendant in a case is required to pay damages to a...

Arizona Supreme Court Reaffirms Economic Loss Doctrine

P. Douglas Folk, Esq. – Folk and Associates, P.C. I am very pleased to report the Arizona Supreme Court’s favorable decision in the Flagstaff Affordable Housing L.P. v. Design Alliance, Inc. case 2010 WL 476683 (Arizona, February 12, 2010). ACEC Arizona, AIA...