News & Events

Arizona has a new limited liability company act that became effective on September 1, 2019.  The new law (the “New LLC Act”) comprises sections 29-3101 through 29-4202 of the Arizona Revised Statutes and applies to all limited liability companies formed in Arizona on and after September 1, 2019.  The New LLC Act will automatically also apply to all Arizona limited liability companies, regardless of when formed, from and after September 1, 2020.  An existing Arizona limited liability company can “opt in” to the New LLC Act at any time prior to September 1, 2020 by amending its operating agreement to so state.

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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. 

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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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Gammage & Burnham is pleased to announce that 22 of our attorneys have been included on the 2020 The Best Lawyers in America© list! This recognition of our outstanding attorneys is based solely on a confidential peer-review process. These awards span 20 practice areas and, of the 22 attorneys who were selected, 11 are recognized in 2 or more practice areas.

Special congratulations to both Grady Gammage, Jr. and Richard B. Burnham, founding members of Gammage & Burnham, who have been recognized for each of the last 30 years.

Click the image below to enlarge the full list of our attorneys that have been recognized.

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We are proud to share that Grady Gammage Jr., a founding member of Gammage & Burnham, has been recognized on the Business Journals’ national list of influencers in law. Grady is one of only three lawyers in Arizona featured on the list. Read the full article here!

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