State Bar of Arizona

Fairway Builders is an important case for construction lawyers primarily for its discussion on how to measure the owner’s damages for defective work.

The seminar’s faculty of experienced construction lawyers will use the Fairway Builders decision as the starting point to talk about these and related issues. Because of the wide range of subjects being presented, this seminar should be beneficial for anyone who practices construction law in Arizona.

The specific topics that will be discussed include:

• Cost of repair as the basis for awarding damages

• Dual use of "cost of repair" and "diminution of value" damage measures

• Stigma damages

• Use of statistical extrapolation to prove damages in defect cases

• The effect of "economic waste" on recovering damages

• Recovery and limitation of consequential damages

• Calculating pre-judgment interest

• Is Prompt Pay interest recoverable on mechanics’ lien and bond claims?

• Determining the amounts due on mechanics’ lien claims

• Mechanics’ liens for professional services

• Interpreting ambiguous provisions in contracts