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Contact

Construction Disputes

Providing practical legal counsel at every stage of the construction process.

Construction Disputes

Providing practical legal counsel at every stage of the construction process.

Construction disputes can threaten income, budgets, schedules and business relationships. Whether you’re dealing with a contract dispute, construction defect, payment issue, mechanic’s lien, Registrar of Contractors complaint, difficulties with insurance carriers, or project delay, the right legal advice can help protect your position and, in effect, your bottom line. We help clients assess options, develop strategies, and pursue the most effective path toward resolution.

Who We Represent

We represent clients across the construction industry, including general contractors, subcontractors, design professionals, and property owners. Whether advising on a contract before a project begins or representing a client when a dispute arises, we provide practical, strategic counsel focused on protecting our clients’ interests.

What We Do

Construction Contract Disputes

  • Contract drafting, negotiation, and interpretation
  • Breach of contract and contract disagreements
  • Payment disputes
  • Change orders
  • Delays and scheduling issues
  • Scope-of-work disputes
  • Termination disputes

Construction Defect Claims

  • Design defects and flaws
  • Structural defects and flaws
  • Water intrusion
  • Building envelope failures
  • Roofing and waterproofing
  • Mechanical, electrical, and plumbing issues
  • Defective materials or workmanship
  • Workmanship complaints before the Arizona Registrar of Contractors

Project Delays & Disruptions

  • Schedule delays
  • Acceleration claims
  • Differing site conditions
  • Lost productivity
  • Impact claims
  • Liquidated damages

Payment & Financial Disputes

  • Mechanics liens
  • Arizona Prompt Payment Act claims
  • Payment bond claims
  • Retainage disputes
  • Contract payment claims
  • Subcontractor disputes
  • No pay complaints before the Arizona Registrar of Contractors

Professional Liability

  • Architect and engineer claims
  • Design professional disputes
  • Errors and omissions
  • Owner/architect/contractor disputes
  • Licensing matters before the Arizona Registrar of Contractors

Insurance & Indemnification Disputes

  • Assistance communicating with insurance carriers, agents, and brokers
  • Additional insured claims
  • Indemnification
  • Coverage disputes
  • Subrogation

Frequently Asked Questions About Construction Litigation in Arizona

When should I contact a construction attorney?
It can be beneficial to involve an attorney before the construction contract is entered and before a dispute develops. Reviewing contracts, identifying potential risks, and understanding your rights and obligations early can help prevent problems from escalating. If a dispute has already arisen, prompt legal advice can help protect your position and preserve potential claims or defenses.

How long do I have to bring a construction claim in Arizona?
The deadline depends on the type of claim and the circumstances involved. Contracts, statutes, and other legal requirements may impose different deadlines, and some claims may also involve specific notice requirements. Because missing a deadline can affect your rights, it is important to consult an attorney promptly.

Can a construction dispute be resolved without going to court?
Yes. Many construction disputes can be resolved through certain statutory processes, negotiation, mediation, or arbitration. The best approach depends on the circumstances, the parties involved and the terms of the applicable contracts. Early evaluation can help determine the most effective path toward resolution.

What should I do if a construction project is delayed or there is a dispute over payment?
Start by reviewing the contract and documenting the issue, including relevant correspondence, invoices, change orders, schedules and other project records. Construction contracts may contain specific notice and dispute-resolution requirements, and certain payment remedies may have specific requirements as well. Prompt legal advice can help you understand your options and protect your rights.

What is a mechanics’ lien, and when might I need one?
A mechanics’ lien may provide a legal remedy to certain contractors, subcontractors and others who provide labor, services or materials to a construction project and are not paid. Arizona law establishes requirements for asserting and enforcing lien rights, some of which must be undertaken before construction starts or very shortly thereafter, so it is important to understand the applicable requirements and deadlines before pursuing a lien.

Lawyers

  • Rick K. Carter
  • Matthew A. Klopp
  • Damien R. Meyer
  • Bradley D. Pack
  • Patricia A. Premeau
  • Michael P. Rolland

News & Updates

July 20, 2026

Engelman Berger Welcomes Ryan Lorenz

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July 7, 2026

Premeau to Speak at Arizona State Escrow Association Annual Conference

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June 24, 2026

Engelman Berger Again Earns #1 Slot in Ranking Arizona, with Debut in Arizona’s Top 10 Small Law Firms List

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June 22, 2026

Patricia Premeau to Present at AZ State Bar Convention

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June 18, 2026

Scott Cohen Named ABAIC Mentorship Award Honoree

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June 8, 2026

Certified Real Estate Law Specialist Patricia Premeau Joins Engelman Berger

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(602) 271-9090

[email protected]

2800 North Central Avenue Suite 1200
Phoenix, Arizona 85004

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