Resolved Arizona Notice of Claim Defense for Public Body Contractor

Defended a contractor on an Arizona state infrastructure project against claims subject to Arizona's Notice of Claim framework under A.R.S. § 12-821.01. The team challenged both the timeliness and the substantive content of the claimant's notice, with particular emphasis on the statute's distinctive 'sum certain' requirement. The court granted summary judgment dismissing the claim, preserving the client's contractor status and establishing favorable precedent on strict construction of Arizona's notice requirements.

The § 12-821.01 Framework

Arizona's A.R.S. § 12-821.01 conditions claims involving public bodies and their contractors on strict pre-suit notice requirements. The notice must be filed within 180 days. It must state facts sufficient for the public entity to understand the claim and include a specific dollar amount the claimant will accept. Arizona courts strictly construe these requirements, particularly the 'sum certain' content rule under Deer Valley Unified School District v. Houser and its progeny.

Notice Deficiencies and Summary Judgment

The team identified material deficiencies in the claimant's notice, including timing issues and the absence of a properly stated sum certain. Summary judgment briefing established that the notice failed the statute's content requirements as construed by controlling Arizona authority. The court granted summary judgment, dismissing the claim and confirming the strict construction of A.R.S. § 12-821.01's notice requirements. The ruling preserved the client's standing on the state infrastructure project and closed the matter without further litigation.