· 8/16/1995
Aesthetic Property Maintenance, Inc. v. Capitol Indemnity Corp.
Citations
- 900 P.2d 1210
- 183 Ariz. 74
- 197 Ariz. Adv. Rep. 3
- 1995 Ariz. LEXIS 80
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that substan tial compliance may be adequate when it does not defeat the statute’s general policy or purpose
- following Koehler and concluding that substantial compliance can be adequate under section 32-1153 to satisfy the policy of the statute
- acknowledging § 32-1153 designed to protect public and rejecting contractor’s claim that statute should be strictly construed against subcontractor whose license had lapsed
- whether rule of strict or substantial compliance with statute applies is question of legislative intent
- “Did the contractor knowingly ignore the registration requirements? If so, this is fatal to a claim of substantial compliance.”
- substantial compliance inquiry includes whether failure to comply prejudiced party that statute seeks to protect
Source: CourtListener parenthetical corpus (CC0).
Judges: Martone, Feldman, Moeller, Corcoran, Zlaket
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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