Arizona commercial lenders have long been able to have a receiver appointed to protect and preserve property pending foreclosure following a default under a commercial loan. New Arizona statutes, ARS §33-2601 et seq., the Uniform Commercial Real Estate Receivership Act, have expanded the benefits available to lenders by getting a receiver appointed over commercial property and the personal property related to or used in connection with that real property.
The new laws provide several important benefits:
- The appointment of a receiver results in an automatic stay prohibiting any actions or proceedings by other creditors to attempt to gain possession or control of receivership property or to enforce earlier-obtained liens or judgments against receivership property.
U.S. News Best Lawyers® announced today that Gammage & Burnham is nationally ranked in seven practice areas and regionally ranked in 18 practice areas. The U.S. News – Best Lawyers® “Best Law Firms” rankings are based on a rigorous evaluation process, and Best Lawyers® is the oldest peer-review publication in the legal profession.
The firm received national rankings for the following practice areas:
- Land Use & Zoning
- Litigation- Real Estate
- Bankruptcy and Creditor/Debtor Rights
- Construction Law
- Health Care Law
- Litigation- Construction
- Securities Regulation
The firm was recognized for its work in the Phoenix metropolitan area in the following practice areas:
- Administrative / Regulatory Law (Tier 1)
- Banking and Finance Law
- Bankruptcy and Creditor/Debtor Rights (Tier 1)
- Business Organizations (Tier 1)
- Commercial Litigation (Tier 1)
- Construction Law (Tier 1)
- Corporate Law
- Corporate Governance Law
- Health Care Law (Tier 1)
- Land Use & Zoning Law (Tier 1)
- Litigation – Bankruptcy
- Litigation – Construction (Tier 1)
- Litigation – Labor & Employment
- Litigation – Land Use & Zoning (Tier 1)
- Litigation – Real Estate (Tier 1)
- Mergers & Acquisitions Law
- Real Estate Law (Tier 1)
- Securities Regulation
Congratulations to all of our brilliant attorneys who have worked to make Gammage & Burnham recognized both nationally and in our community!
Gammage & Burnham is pleased to welcome Benjamin C. Runkle to our firm! A former firefighter/paramedic and police officer, Ben has been practicing law in Arizona for more than a decade and is well-positioned to bring a new perspective to our team of healthcare attorneys. When asked why he most looks forward to joining Gammage & Burnham, he replied that he is “excited to work with the firm’s outstanding lawyers and healthcare practice.”
Ben represents behavioral health providers, physicians, dentists, and other healthcare professionals in a variety of regulatory and enforcement matters, including compliance and litigation. Prior to returning to private practice, Ben advised Arizona’s Medicaid agency, the Arizona Health Care Cost Containment System (AHCCCS), and served as an Assistant Attorney General representing the Department of Economic Security (DES), Division of Developmental Disabilities (DDD).
Earlier this year, the Legislature enacted SB1271, which made a number of changes to the Purchaser Dwelling Act (the “PDA”). The PDA governs construction defect litigation involving single-family and multi-family homes. SB1271 went into effect on August 27, 2019.
The legislation arose out of recommendations from the Construction Liability Apportionment Study Committee. This committee was established by the Legislature in 2018 to study how liability for construction defects is apportioned and recommend changes to the law. SB1271 was the committee’s final product.
The new law makes the following changes to the PDA and construction-defect litigation:
Indemnity: One of SB1271’s foremost goals is to apportion liability for construction defects based on each party’s own share of fault for that defect.
Earlier this year, the Legislature enacted a statute making a number of changes to the Purchaser Dwelling Act (the “PDA”). The PDA governs construction defect litigation involving single-family and multi-family homes.
The new legislation becomes effective on August 27, 2019 and requires some changes to form construction and consulting agreements, and may also require changes to how homebuilders and sellers process construction defect claims.
Broadly, the legislation changes the PDA in the following ways:
Expanded Right of Repair: The PDA was initially enacted to give the “seller” an opportunity to repair any alleged construction defects before the homebuyer could file a lawsuit.
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