Mohave Concrete & Materials, Inc. v. Scaramuzzo

OPINION

JACOBSON, Presiding Judge.

Does the failure of a defendant to re-plead or counterclaim in response to an amended complaint invalidate the defendant’s previously pled counterclaim? This is the main issue we consider in this appeal. We also consider whether the plaintiff, who performed work on the defendant’s property in preparation for condominium construction, should have been licensed as a contractor pursuant to Laws 1981, ch. 221, § 2 (current version at A.R.S. § 32-1101(A)(2)(a)).

In June 1983, plaintiff-appellee, Mohave Concrete and Materials, Inc. (Mohave Concrete) filed a complaint…