Guirey, Srnka & Arnold, Architects v. City of Phoenix
In Guirey, Srnka & Arnold, Architects v. City of Phoenix, 9 Ariz. App. 70, 77, 449 P.2d 306, 313 (1969), the City of Phoenix refused to compensate an architect for a stadium design drawn under the terms of a written contract between the parties. Id. at 71, 449 P.2d at 307.
The city claimed that the stadium design was too costly to build and thus "unsatisfactory" under A.R.S. 34-104(C), which permitted the city to withhold payment until receipt of a satisfactory proposal finished in accordance with accepted plans and specifications. Id. at 76-77, 449 P.2d at 312-13.
The Court reversed the trial court's judgment in favor of the city, holding that because the agreement did not include a building cost limitation, and the architect prepared the plans according to the details dictated by the city, the terms of the contract and 34-104 required the city to pay the architect even after the city abandoned the project as reflected in the design. Id.