Asphalt Engineers, Inc. v. Galusha
In Asphalt Engineers, Inc. v. Galusha, 160 Ariz. 134, 770 P.2d 1180 (App. 1989), an attorney orally contracted with his client to file liens on two construction projects. When the attorney neglected to file the liens within the statutory time, the client sued for breach of contract and malpractice.
The Court upheld the award of fees because the promise to file the liens was an express term of the contract. See id. at 138, 770 P.2d at 1184. That claim did not depend on any implied duty of care, but rather on the express contractual terms.