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RSP Architects, Ltd. v. Five Star Development Resort Communities, LLC

Court of Appeals of Arizona, First Division, Department C

July 16, 2013

RSP ARCHITECTS, LTD., a Minnesota corporation, Plaintiff/Appellant,
v.
FIVE STAR DEVELOPMENT RESORT COMMUNITIES, LLC, an Arizona Limited liability company; FIVE STAR DEVELOPMENT PROPERTIES, LLC, an Arizona limited liability company; FIVE STAR DEVELOPMENT GROUP, INC., an Arizona corporation; FIVE STAR DEVELOPMENT COMMUNITIES, LLC, an Arizona limited liability company, Defendants/Appellees.

Not for Publication -Rule 28, Arizona Rules of Civil Appellate Procedure

Appeal from the Superior Court in Maricopa County Cause No. CV2009-038240 The Honorable J. Richard Gama, Judge.

Gammage & Burnham, P.L.C. Phoenix By James A. Craft Carolyn V. Williams Christopher L. Hering Attorneys for Plaintiff/Appellant.

Dickinson Wright/Mariscal Weeks PLLC Phoenix By Scott A. Holcomb, Denise H. Troy Attorneys for Defendants/Appellees.

MEMORANDUM DECISION

DIANE M. JOHNSEN, Judge.

¶1 RSP Architects, Ltd. ("RSP") appeals the superior court's judgment in favor of Five Star Development Resort Communities, LLC ("Five Star"), on Five Star's claim for breach of contract. We affirm.[1]

FACTS AND PROCEDURAL HISTORY

¶2 RSP and Five Star executed a contract in June 2008 in which RSP agreed to provide a variety of architectural services for a development known as "The Palmeraie." The contract charged RSP with "overall coordination" of the project and "conceptual design, schematic design, design documents, construction documents and construction administration services." Services described as "Basic Services" were set out in Article 2 of the contract; other tasks described as "Additional Services" were provided for in Article 3.

¶3 The contract provided that Five Star would pay RSP progress payments totaling $1, 520, 000 for performance of "Basic Services" in various phases of the project. Specifically, the contract stated that progress payments for Basic Services in each phase shall total the following percentages of the total Basic Compensation payable:

Schematic Design Phase: fifteen percent (15%)
Design Development Phase: twenty percent(20%)
Construction Documents Phase: forty-five percent (45%)
Bidding or Negotiation Phase: one ...

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