After 40 Years, Is New Pueblo Still Arizona’s Most Important Construction Law Decision?

The 1985 Arizona Supreme Court decision in New Pueblo Constructors, Inc. v. State of Arizona has long been recognized as Arizona’s most consequential construction law case.  On the issues of notice and damages, the case has been cited by scores of courts throughout the United States and discussed at length in leading construction law treatises.  This year’s State Bar Construction Law Section’s All-Day Program will focus on New Pueblo’s progeny, and consider if the decision is still alive, well and thriving.  The faculty of judges, arbitrators and experienced construction lawyers will discuss what every Arizona construction lawyer needs to know about contractual notice requirements and proving damages in construction cases.  The seminar will include one hour of CLE ethics credit.

The program will cover a wide range of topics, including:

• How courts have applied (and misapplied) New Pueblo’s notice requirements 
• Drafting effective contract notice provisions
• Waiver of notice requirements
• Recent Arizona cases on liquidated damages
• Methods of calculating damages for contractor claims
• Effective use of experts in presenting damages
• Recovery of attorneys’ fees in construction cases
• Has New Pueblo’s standing been supplanted by more recent Arizona construction law cases? 

Program Co-Chairs
Michael J. Holden, Holden Willits PLC
Barry A. Willits, Holden Willits PLC