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  • The Construction Litigation Process for Contractors

    As a contractor, one of the most difficult setbacks you can face is litigation. Having a lawsuit filed against you is frustrating and time-consuming, no matter the reason for the lawsuit. That is why you need an experienced, knowledgeable, and efficient Phoenix construction litigation attorney if you find yourself facing litigation. Schern Richardson Finter Decker defends contractors in ...
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  • What Is an "Easement?"

    An easement is a legally binding agreement which allows an individual or company access to another person’s property for a specific use. These agreements are common in situations such as when two homes share the use of a driveway or when a utility pipeline runs through a home’s backyard. In both cases, even though the land may be owned by a single person, another may have limited access to part of ...
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  • Business Strategy: How to Setup a Business or Partnership

    Your business strategy is essentially everything when it comes to first setting up a business or forming a new business partnership. To say that the finest of details are crucial can be an understatement, and not knowing what is coming around the next couple corners can be folly. If you want to be successful, or at least not disastrous, you have to start thinking about strategy, objectives, and ...
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  • An Overview of Commercial and Residential Boundary Disputes

    As the great poet Robert Frost once wrote, good fences make good neighbors. In real estate law, this statement holds great relevance in regards to avoiding disputes related to property boundaries. Most of the time, commercial and residential property owners have a good understanding of where their property begins and ends and extend the same courtesy to their neighbors. Unfortunately, this ...
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  • Land Purchasing: How to Invest in the Right Land

    Purchasing and investing in land can seem like a pretty solid business strategy, no pun intended. After all, unless there is a plate-shifting earthquake, it isn’t going anywhere any time soon and people are always going to need it. But turning a profit isn’t as simple as making a land-grab and waiting for someone else to come along and want to use it. You need to have an eye for good land with a ...
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  • A Guide to Investing in Land

    With the price of real estate soaring, purchasing land may seem like a second-best option for the potential investor. In reality, investing in land is actually an excellent opportunity in the current economic climate, with trends showing that the average price of farmland is increasing at a far greater rate than that of property. Before you make the decision to invest, however, it is important you ...
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  • Commercial Tenancy and Business Disputes with Landlords

    As a business owner, choosing the right commercial property and negotiating the terms of a lease can directly influence your bottom line. From the items which are included in your rent, to the freedom you are given to customize your space, it is vital to understand the exact terms set out in a lease agreement. Once a contract has been signed, disputes which arise can be difficult to resolve. In ...
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  • Know Your Rights in an Eminent Domain Case

    Did you know that a government or public agency can forcibly seize your property to be used for a public purpose under the powers of “ eminent domain ?” In the event that your home or property should sit in the path of a public project such as the construction of a highway, utility building, or pipeline, the state may force you to sell your property to it in exchange for “reasonable compensation.” ...
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  • Why Choose Schern Richardson Finter Decker, PLC?

    If you are searching for legal representation regarding a real estate transaction or dispute, choosing the best attorney for your situation can feel overwhelming. At Schern Richardson Finter Decker our team works to simplify this process by providing straightforward, effective, and personalized legal advocacy. We know that our clients are the most important part of our practice and that is why ...
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  • A Brief Explanation of Due Diligence in Real Estate

    The home looks picturesque – a quaint single-story piece in a nice neighborhood with a beautiful garden out front. The inside looks sharp and modern-contemporary and everything seems to be clean. Must be a dream that it is still on the market, right? You sit down with the realtor, sign all the paperwork, and before you know it, the property is yours. But everything turns upside-down the moment you ...
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  • ROC Revamps Complaint Process

    Arizona's Registrar of Contractors (ROC) announced a new Complaint process that should result in improvements for most Arizona contractors. The new policy reflects sweeping changes to the ROC's handling of complaints. Complaints will no longer be "complainant driven", and instead the ROC will be determining what complaints merit further regulatory attention and the possibility of license ...
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    Pending changes at the Registrar of Contractors are set to significantly alter administrative hearings - and could lead to more suspensions and revocations. For years, the ROC’s process forced complainants to carry their own burden of proof. At hearings, contractors without legal representation were at least placed on a level playing field with complainants. That could be about to change. The ...
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    The Registrar of Contractors Licensing Department will apparently no longer be providing prospective applicants with pre-license application reviews. The pre-application reviews permitted those interested in obtaining a license with a helpful forecast of issues they would face if formally applying for a license. With pre-application reviews now off the table, it is even more important for ...
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    ARIZONA SUPREME COURT PERMITS MORE CLAIMS AGAINST CONTRACTORS August 2013 - In an opinion released last week, the Arizona Supreme Court expanded the types of claims that homeowners may bring against contractors for construction defects. In Sullivan v. Pulte Home Corporation, the Supreme Court limited application of the Economic Loss Rule to cases where homeowners have a contract directly with the ...
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  • Increased Regulation Threatens For-Profit Education

    For-profit post-secondary education is quickly becoming one of the most regulated industries in America. Nowhere is that trend more true than in student bankruptcies. When a current or former student files for bankruptcy protection, federal law often requires a for-profit educational institution to simultaneously take and desist from action, to both move and stand still. Understanding those ...
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