Kmestevez – Page 9 – ARIZONA CONSTRUCTION and the LAW

January 12, 2015January 29, 2015

Arizona’s Transaction Privilege Tax Simplification Legislation Isn’t So Simple

I will preface this post by saying that I am neither an accountant nor a tax attorney. If you have specific questions or concerns about Arizona’s new transaction privilege tax laws, please talk to your accountant.

Having said that, I hope everyone in the construction industry is aware that, effective January 1, 2015, Arizona’s transaction privilege tax (“TPT”) laws changed substantially for contractors. These changes are the result of a “TPT Simplification Bill,” signed by Governor Brewer in 2013 and amended in 2014. read more

December 11, 2014December 12, 2014

Changes To Arizona’s Anti-Deficiency Statutes That Affect Developers And Spec Home Builders

Arizona Revised Statutes §§ 33-729 and 33-814 are commonly referred to as Arizona’s “anti-deficiency statutes.” In certain circumstances they prevent a lender from pursuing a borrower for a deficiency when, through a foreclosure or trustee’s sale, a property is sold for less than the amount owed to the lender. Specifically, borrowers have been exempt from deficiency judgments so long as the following criteria are met:

1) the property in question is 2.5 acres or less; read more

October 31, 2014October 31, 2014

State Laws Restricting Recovery by Unlicensed Contractors do not Apply to FEDERAL Miller Act Claims

As matter of first impression, the Ninth Circuit Court of Appeals recently held in Technica LLC ex rel. U.S. v. Carolina Cas. Ins. Co., 749 F.3d 1149 (9th Cir. 2014) that state laws preventing unlicensed contractors from recovering for unpaid work do not apply to actions under the federal Miller Act.

In Technica, a sub-subcontractor on a federal project in California filed suit for payment under the Miller Act against the general contractor and its surety. The trial court concluded that because the sub-subcontractor was not a licensed contractor as required by California law, it was precluded from pursuing its Miller Act claim for payment. The particular licensing statute at issue in Technica was California Business and Professions Code § 7031(a), which provides in part that: read more

September 22, 2014September 23, 2014

Basic Rule 310 Dust Control Training Now Available Online

The Maricopa County Air Quality Department has just announced that it is now offering Basic Rule 310 Dust Control training classes online. Online classes are available to those seeking new certifications and those looking to renew their certifications.

Basic Rule 310 certification is required for water truck and water-pull drivers on any site. It is also required for site superintendents or designated on-site representatives on projects that disturb between 1 and 5 acres of surface area. read more

August 25, 2014

Arizona Loses 5,900 Construction Jobs in the Past Year

The Associated General Contractors of America reported last week that Arizona lost 5,900 construction jobs between July 2013 and July 2014. This is surprising because, on a national level, the construction industry is growing. Thirty-nine states, including many neighboring states, added jobs over that same period. It is also surprising because Arizona suffered the second highest number of construction jobs lost. Only New Jersey, which shed 8,900 jobs, lost more.

Arizona’s losses have decreased the state’s construction employment from 123,700 to 117,800 workers , or by 4.8%. This percentage decrease is also near the worst among the states. Only New Jersey, Mississippi, and West Virginia lost greater percentages of their construction workforces in the past 12 months. read more