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Construction Litigation

Phoenix Construction Litigation Attorneys Protect Your Investment 

Experienced trial lawyers seek solutions when problems plague building projects

Over the past few decades, Phoenix has grown exponentially to become America’s fifth largest city. Throughout that time, construction has been one of the most important sectors in our state economy. Yet, construction projects often operate on thin margins, and disputes between parties can erode the value of a contract. Fortunately, the Law Offices of Donald W. Hudspeth P.C. in Phoenix handles a wide range of construction law disputes for a diverse group of clients. For more than 20 years, we’ve represented general contractors, subcontractors, suppliers, lenders, government bodies, property owners and developers. Whatever the particular conflict entails, we strive for timely and thorough resolutions that protect your rights and either get your project back on track or provide appropriate legal relief.

Established Arizona firm litigates and resolves construction disputes

Construction projects invariably have multiple parties involved, any of whom could fail to perform some task that would have rippling consequences for others on the project. Before the situation gets out of hand, you should consult a business litigation professional at our firm. We are adept at resolving construction disputes through negotiation, arbitration and, if necessary, litigation. Our firm handles various types of conflicts, such as those involving allegations of: 

  • Non-payment — There are numerous reasons why payment for performance gets held up, including certification of the completed work and allegations of defect or nonperformance. We assist clients with payment issues, using all the legal tools at our disposal, including debt judgments and mechanics’ liens. On the other hand, we also defend clients who have sound reasons for withholding payment because performance has not met contractual standards.
  • Breach of contract — When a party does not honor its obligations under a contract, the nonbreaching party is entitled to a remedy, which can include recission and reformation, restitution, direct damages, consequential damages and liquidated damages specified within the contract. We represent parties who seek justice after a breach as well as those who are accused of violating contract terms. Our firm works diligently to protect our clients’ interests and to mitigate the harm done by the alleged breach.
  • Construction defects — In Arizona, the courts recognize various warranties for workmanship, including express warranties in contracts, implied warranties, statutory warranties under the Uniform Commercial Cod, and regulatory warranties under the Registrar of Contractors’ Standards. When work is substandard or defective, Arizona’s Purchaser Dwelling Act prohibits a property owner from suing before giving the contractor the opportunity to cure the defect. However, the PDA does not bar a lawsuit when a construction defect causes injury or death. 
  • Fraud and misrepresentation — Fraud within the construction industry exists in various forms, including corrupt bidding processes and deception of consumers. Our team represents victims of fraud seeking restitution and damages, as well as contractors defending their good reputation against allegations. 

The proper litigation strategy depends on a variety of factors. We thoroughly investigate the circumstances and explain your legal options, providing a detailed cost-benefit analysis, so you can make an informed decision about how to proceed. Once the course is set, we vigorously pursue the best possible outcome.

Contact our Arizona law firm for construction litigation assistance

Law Offices of Donald W. Hudspeth P.C. in Phoenix represents various parties in construction litigation matters throughout Arizona. To schedule a consultation with an experienced attorney, call our office today at 866-696-2033 or contact us online. Located in midtown Phoenix, our office is easily accessed by light rail or car, with plenty of available parking.

What others are saying about us
  • "I would recommend Mr. Hudspeth unequivocally. Not only is he an outstanding business attorney, he also provided me with access to a divorce attorney. Thanks to his skill, and resources available outside the Phoenix law family, I was successful in challenging a “family law” mediation that was particularly and grossly unfair." - Chandler, Arizona Private Individual

  • "Thank you for the work you have done in creating these documents. It is always a pleasure dealing with this firm!" - J. P.

  • "An excellent response. Masterfully prepared. Thank you." - El Paso, Texas Real Estate Investor

  • "Glad about meeting with Don. Felt so much better, better than in 15 years. Really appreciated the conversation." - RH, Phoenix Manufacturing Company

Donald W. Hudspeth Attorney Photo
Donald W. Hudspeth
Principal Attorney

Attorney Donald W. Hudspeth has more than twenty years’ experience practicing corporate and business law. Before attending law school, Mr. Hudspeth held a stock brokers license at the age of 21 and owned his own business at the age of 23. He was a business law professor at Arizona State University, West Campus, and has conducted classes and seminars for a number of higher institutions and organizations. Mr. Hudspeth has published two books on law and is the founder of the radio programs Law on the Edge and Law Talk.

Mark S. Hamilton Attorney Photo
Mark S. Hamilton
Attorney

About Attorney Mark S. Hamilton has experience handling all aspects of civil and commercial litigation in federal, state, and tribal courts at the trial and appellate levels. Practice Areas Business litigation Commercial litigation Education University Of Hawaii Wm. S. Richardson School Of Law, Juris Doctor - 2002 University Of Hawaii, Master Of Arts In Asian…

Gregory E. Tomczak Attorney Photo
Gregory E. Tomczak
Attorney

About Gregory E. Tomczak concentrates his practice in the areas of complex commercial litigation, corporate law, real estate litigation, employment law and litigation, white collar criminal defense, regulatory compliance and enforcement, internal investigations, and responding to subpoenas and/or requests for information from governmental agencies. He has extensive trial experience, having served as lead counsel in…

  • Preeminent AV Rated
    Client Distinction Award
    Bar Register
    AV Rating
    The Arizona Republic
  • Newsweek
    Arizona Sate University
    Top Rated Lawyers
    Client Champion
    McAfee Secure
  • Lawyers Of Distinction
    2020 issue of AZ Business Leaders

Our firm now offers a scholarship program for ASU first and second year law students.

The scholarship is awarded to students for academic merit with an interest in business and business law. Candidates may have majored in fields other than business, have taken a break between college and law school, or have had exceptional life experiences.

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