The Supreme Court of the State of Arizona released an opinion on August
26, 2014, that Arizona Revised Statutes 33-992(A) does not preclude
equitable subrogation to establish priority over mechanics' liens. This
ruling was made in response to The Weitz Company, LLC.
Plaintiff-Appellee, v. Nicholas Heth, et. Al., Defendants-Appellants.
The case ties back to the Summit at Copper Square in downtown Phoenix, a
23-story, 165-unit luxury complex overlooking Chase Field at Fourth and
Jefferson streets. Construction of the project was completd in 2007.
The Weitz Company was the general contractor for the project. As the
project neared completion in late 2007, the developer - The Summit at
Copper Square, LLC - failed to pay Weitz approximately $4 million for
"Although we were hoping for a different result, we are pleased to have
a decision that now allows us to proceed with our collection action in
the trial court based on this clarification of the lien priorities,"
said Mike Bontrager, executive vice president, The Weitz Company. "We
remain optimistic that we will be successful in being compensated for
the work we provided to complete the project so that the units could be
For more information about The Weitz Company, visit www.weitz.com.
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