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SK BUILDERS, INC. v. SMITH

No. 2 CA-CV 2018-0008.

436 P.3d 519 (2019)

809 Ariz. Adv. Rep. 15

SK BUILDERS, INC., an Arizona Corporation, Plaintiff/Appellee, v. Michael and Sandi SMITH, Husband and Wife, Defendants/Appellants. Michael and Sandi Smith, Husband and Wife, Third-Party Plaintiffs/Appellants, v. David Alan Connor, Gregory John Connor, D.C. Concrete Company, Inc., Third-Party Defendants/Appellees.

Court of Appeals of Arizona, Division 2.

Filed January 29, 2019.

Attorney(s) appearing for the Case

Waterfall, Economidis, Caldwell, Hanshaw & Villamana P.C., Tucson, By Corey B. Larson and Ariel E. Henderson , Counsel for Plaintiff/Appellee.

Thomas A. Zlaket P.L.L.C., Tucson, By Thomas A. Zlaket and The Law Offices of Charles M. Giles, Tucson, By Charles M. Giles , Counsel for Defendants/Third-Party Plaintiffs/Appellants.

Rai & Barone P.C., Phoenix, By Rina Rai , Jack G. Barone , and Tom Duer , Counsel for Third-Party Defendants/Appellees.

Presiding Judge Staring authored the opinion of the Court, in which Chief Judge Eckerstrom and Judge Brearcliffe concurred.

OPINION

¶ 1 Michael and Sandi Smith appeal the trial court's judgment that they violated Arizona's Prompt Pay Act ("APPA"), A.R.S. §§ 32-1129 to 32-1129.07, by failing to pay or object in writing to a payment application submitted to them for construction of their new home. The Smiths also argue...

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