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PHOENIX–(BUSINESS WIRE)–The Supreme Court of the State of Arizona released an opinion on Aug. 26 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 completed 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 work completed.

“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 sold.”