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Tempe Arizona Business Law Blog

What kind of remedy can you get for a breach of contract?

Contracts are important in all kinds of business situations -- whether you're a freelancer who works out of your home office or the head of a growing corporation.

So, what remedies are available when someone fails to live up to their end of a bargain? Here are some possible alternatives when resolving a breach of contract claim:

The different types of construction defects you may see

You've probably heard of the Leaning Tower of Pisa, right? Well, it's probably the most famous construction defect in history. Unfortunately, unlike the tower, most construction defects don't turn into tourist attractions -- they turn into nightmares for their owners.

There are all kinds of possible signs of a construction defect, but the defects themselves are likely in one of the four following areas:

What a copyright is and how not to infringe on someone else's

If you're a blogger here in Tempe, then you likely want photographs to go with the articles that you write. While it may seem easy enough to snag whatever photograph comes up in the search engine, it may end up costing you a lot of money if you do.

The United States Copyright Office considers any original works to be protected by intellectual property laws from the moment that you upload, post or publish them. Copyrights don't just apply to written works like books, poems, songs, movie scripts, plays but also to architecture, photographs and computer programs as well.

Real estate lawsuit could shake up industry

Plaintiffs have filed a class action suit against the National Association of Realtors (NAR), RE/MAX and some other big names in the real estate industry. If it's successful, the way that real estate is bought and sold may change -- for good.

The lawsuit was filed on behalf of a single homeowner -- but will represent anyone who has sold property and paid a broker commission within the last four years in specific geographical areas covered by the Multiple Listing Service (MLS) -- including Arizona. The MLS is widely used to advertise properties for sale.

Arizona sues California over business taxes

Is California taking unfair -- and illegal -- advantage of Arizona businesses who invest in its state?

The Arizona attorney general (AG) thinks so. As a result, his office has asked permission to bring a lawsuit before the U.S. Supreme Court to settle the issue.

Should a small business obtain a federal trademark?

You developed a brilliant brand name – something that will distinguish your business from the entire market. Now you have a choice. Do you focus on growing your business first, or do you dedicate time to turn your brand name into a federal trademark?

The answer won’t be the same for every entrepreneur. You have to evaluate the needs of your company and if a trademark is necessary for the business plan. Weighing the advantages and disadvantages of a trademark may save you time and money in the long term.

Is Arizona headed for another real estate bust?

The real estate market in Arizona and in much of the country is still running strong -- but how long can it last?

Experts are generally starting to urge caution because the signs are all there that another real estate bubble is starting -- and, eventually, bubbles always burst.

State lawmakers consider how much training hairstylists need

Most people who aren't in the hairstyling business don't realize how much training and licensing is required to be able to work in an Arizona salon. Currently, a person must have 1,600 hours of training to obtain a cosmetology license.

One state senator who believes that if someone is content to "dry, style, arrange, dress, curl, hot iron or shampoo and condition hair" shouldn't need that level of training. Therefore, she proposed legislation that would ease requirements for those stylists.

Avoiding adverse possession in Arizona

Adverse possession is a process where someone can acquire ownership over another person's property -- like a home or a piece of land -- simply by taking control of it and occupying it or using it for a prescribed period of time.

In Arizona, that can be done in as little as two years.

Construction defects: The warning signs of foundation problems

Could a major construction defect be right beneath your feet?

There are a lot of different types of construction defects that can cause a problem with your property. Leaks may reveal a plumbing problem. Lights or appliances that don't turn on may signal an issue with the building's electric wiring. Doorways and stairs may be incorrectly aligned.

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