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Construction, Contractors and Lien Law

Commercial development and construction is a vital area of economic activity in Arizona, California and across the United States. Disputes are often unavoidable. Kercsmar & Feltus has the ability to effectively deal with the myriad legal issues involved in public and private construction projects. Our lawyers have the experience and the expertise to successfully litigate or arbitrate even the most complex construction matters in Arizona and California. We lawyers have successfully resolved claims involving construction changes, changed conditions, defective work, delays or suspension of work, acceleration, the Prompt Pay Act, and other complex performance, pricing, and scheduling issues. We can assist our contractor clients in preparing the documents necessary to file materialman liens as well as lien foreclosure lawsuits. Our lawyers also represent owners and contractors in disputes over defective construction and other construction-related issues.

Often, we are called on to avoid arbitration or litigation; in those case, we rely on alternative dispute resolution techniques such as mediation, negotiation and other related approaches to reach an early resolution. In cases where settlement is not possible, our advocacy skills and knowledge of construction issues can achieve favorable outcomes at significant cost savings to our clients.


Representative Cases

  • Represented one of the largest excavating companies in the southwestern United States in prosecuting materialman’s liens worth millions of dollars
  • Represented a national private hedge fund in litigation involving breach of contract litigation with the lead lending institution and developer over multi-million dollar brownstone project in central Phoenix
  • Obtained a complete defense verdict, including attorneys’ fees and costs, in favor of real estate developer accused of negligence in constructing office park
  • Represented a real estate development consulting company in a dispute involving a planned 800-acre mixed-use development project
  • Defended an electrical contracting company before the Arizona Registrar of Contractors and in Superior Court
  • Successfully represented individual investors in arbitration against one of the largest condominium developments in Maricopa County
  • Successfully represented lessor of industrial equipment in breach of contract action brought by seller of equipment
  • Represented a franchisee painting company in breach of contract litigation against homeowner’s association
  • Represented a developer of yoga studios in litigation against the general contractor
  • Represented a subcontractor in extended Prompt Pay negotiations with a delinquent general contractor

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Litigation Recognition

Practice Areas