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Live Event

After 40 Years, Is New Pueblo Still Arizona’s Most Important Construction Law Decision?


Total Credits: 6 Construction Defect Law Specialization, 6 CLE, 1.5 Ethics

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Categories:
Construction Law |  Real Property
Faculty:
Michael J Holden |  Barry A Willits |  Joe Acosta |  Robert F Roos |  Stephen E Richman |  Dominica J Minore |  Matthew B Meaker |  Scott D Sherman |  Zaruhi Hovhannesi Torosyan |  Roger Earl Brodman |  Honorable M Scott McCoy |  Honorable Randall H Warner |   8 more....
Co-Sponsored by:
The State Bar of Arizona Construction Law Section
Location:
Doubletree Hotel by Hilton -Phoenix-Tempe - Tempe, AZ

Dates


Description

The 1985 Arizona Supreme Court decision in New Pueblo Constructors, Inc. v. State of Arizona has long been recognized as Arizona’s most consequential construction law case.  On the issues of notice and damages, the case has been cited by scores of courts throughout the United States and discussed at length in leading construction law treatises.  This year’s State Bar Construction Law Section’s All-Day Program will focus on New Pueblo’s progeny, and consider if the decision is still alive, well and thriving.  The faculty of judges, arbitrators and experienced construction lawyers will discuss what every Arizona construction lawyer needs to know about contractual notice requirements and proving damages in construction cases.  The seminar will include one hour of CLE ethics credit.

The program will cover a wide range of topics, including:

  • How courts have applied (and misapplied) New Pueblo’s notice requirements 
  • Drafting effective contract notice provisions
  • Waiver of notice requirements
  • Recent Arizona cases on liquidated damages
  • Methods of calculating damages for contractor claims
  • Effective use of experts in presenting damages
  • Recovery of attorneys’ fees in construction cases
  • Has New Pueblo’s standing been supplanted by more recent Arizona construction law cases? 

Program Co-Chairs
Michael J. Holden, Holden Willits PLC
Barry A. Willits, Holden Willits PLC

Agenda is available in the Handouts tab.

Handouts

Faculty

Michael J Holden Related Seminars and Products

Holden Willits PLC


MICHAEL J. HOLDEN is the founding member of the Phoenix law firm of Holden Willits PLC. A 1980 graduate of Duke Law School, he has concentrated his practice for over 43 years in the areas of construction law, representing primarily owners, contractors, subcontractors, materials suppliers and sureties. Mr. Holden is a frequent author and speaker on a wide range of construction issues. He helped draft the 1992 and 1998 amendments to the Arizona mechanics’ and materialman’s lien laws. He was also one of the primary authors of Arizona’s revolutionary private sector prompt payment law enacted in 2000 and the 2010 prompt pay amendments. He was the founder and first chair of the Arizona State Bar Construction Law Section, and he previously served as legal counsel for the Arizona Builders Alliance from 2008 to 2023. He is also an adjunct professor at ASU’s Sandra Day O’Connor College of Law and has taught a course on construction law for the past 21 years. In 2010, 2013, 2019 and 2024, he was selected by Best Lawyers in America® as the Lawyer of the Year for Construction Law in Phoenix. Southwest Super Lawyers has named him one of the top 50 lawyers in Arizona twelve of the last fourteen years. He was elected as a Fellow to the American College of Construction Lawyers in 2011.


Barry A Willits Related Seminars and Products

Holden Willits PLC


BARRY A. WILLITS is a partner with Holden Willits PLC. His practice focuses on
commercial litigation and construction law. He has represented owners, general contractors, subcontractors, materials suppliers, sureties and design professionals. He is a frequent author and speaker on a wide range of construction issues including the Arizona chapter of the 2000, 2003 and 2010 editions of the ABA Design/Build Handbook; Arizona chapter of the 2015 and 2024 50-State Survey of Firm Licensure Requirements for Architectural and Engineering Firms published by the ABA; “Economic Damage Claims Against Design Professionals,” Arizona Attorney (February 2003): "Court of
Appeals Says Licensing Statute Still Has Teeth," 13 Arizona Builders Alliance Legal Notes (July/August 2002); “Arizona's Statute of Repose: Does it Really Bar all After Eight Years?” 15 Arizona Builders Alliance (June 2004). From 1994 through 1996, Mr. Willits clerked for the Hon. Sarah Evans Barker, Chief Judge for the U.S. District Court in the Southern District of Indiana. He is a member of the State Bar of Arizona and the American Bar Association (Construction Forum) and is admitted to practice in the U.S. Seventh Circuit Court of Appeals and the U.S. District Courts for Arizona and Southern Indiana. He graduated Order of the Coif from the University of Virginia Law School and earned a B.A. with highest distinction, Phi Beta Kappa, from Indiana University in
1989. Mr. Willits is listed in Best Lawyers in America and Southwest Super Lawyers, the former of which named him Lawyer of the Year for Construction Law in Phoenix in 2016, 2021, 2022, 2023 and 2025.


Joe Acosta Related Seminars and Products


JOE ACOSTA, JR. has been employed since 1979 by the Arizona Attorney General’s Office, primarily representing ADOT in eminent domain, construction claims, bid disputes, environmental matters, and motor vehicle issues. Joe obtained a B.S. in mathematical sciences in 1974 and a J.D. in 1978, both from Stanford University. Joe has appeared as counsel in over twenty reported cases in the Arizona appellate courts and the Ninth Circuit. Joe has practiced in 14 of the 15 Arizona counties.


Robert F Roos Related Seminars and Products

Partner

Lewis Roca Rothgerber Christie LLP


ROBERT F. ROOS is a partner in the Phoenix office of Womble Bond Dickinson (US) LLP specializing in construction law and commercial litigation. He represents owners, general contractors, subcontractors, material suppliers, and sureties in a wide range of disputes and administrative proceedings. A graduate of The University of Arizona, with highest distinction, Mr. Roos earned his law degree, Order of the Coif, from UC Berkeley Law in 1984. He then clerked for the Honorable Mary M. Schroeder of the Ninth Circuit Court of Appeals. Mr. Roos is General Counsel of the Arizona Chapter of the Associated General Contractors, past chair of the Arizona State Bar Construction Law Section and served on the Arizona Board of Technical Registration from 2002 through 2008.


Stephen E Richman Related Seminars and Products

Dickinson Wright PLLC


STEPHEN E. RICHMAN is a member of Dickinson Wright PLLC and serves as the Division Director of the firm’s Industry Practices, which includes Construction. He practices in all phases of Construction Law, commercial and residential. Mr. Richman is a past chair of the Construction Law Section of the State Bar and is a member of the ABA Forum on the Construction Industry. Mr. Richman is also a Charter Fellow of the Construction Lawyers Society of America and a member of the Construction Law Attorney Forum of the National Association of Home Builders. He has written several articles and given seminars on such topics as managing construction defect risks, handling construction claims, design build construction, the AIA construction contract documents, risk-shifting contract clauses, lien laws, legislative amendments affecting the construction industry, alternative dispute resolution, and insurance/indemnification issues. He is a graduate, cum laude, of the University of California, Hastings College of the Law.


Dominica J Minore Related Seminars and Products

President/Principal Attorney

The Law Offices of Dominica J Minore PC


DOMINICA J. MINORE is the principal attorney of the firm of Minore Law in Scottsdale. Since 1999, her practice has focused on construction law, representing contractors, subcontractors, suppliers and owners in a variety of commercial and residential construction contexts. She also practices in the areas of complex commercial and civil litigation, as well as general business advising. Ms. Minore began her law practice at Mariscal, Weeks, McIntyre & Friedlander in the firm’s construction law and litigation groups and later practiced litigation at Fennemore Craig. In 2005, she established her solo practice. She earned her law degree from ASU’s Sandra Day O’Connor College of Law in 1999. Before law school she was the chief research analyst to the Arizona House of Representative’s Judiciary Committee, and she received her bachelor of arts degree from ASU in 1991. Ms. Minore previously served as the President of the Executive Council of the State Bar’s Construction Section (2019-2020) and is a member of the ABA’s Forum on the Construction Industry. She also is a Fellow of the American Bar Foundation.


Matthew B Meaker Related Seminars and Products

Vice President & Assistant General Counsel

Sundt Construction Inc


MATT MEAKER is Vice President and Assistant General Counsel for Sundt Construction, a general contractor that has been in business since 1890. In this role he provides primary legal support for the company’s Advanced Facilities, Heavy Industrial and Mining, and Water groups. In addition, he is responsible for leading Sundt’s Government Relations efforts in Arizona. Before joining Sundt in 2017, Matt was outside counsel for 14 years representing general contractors and subcontractors. Matt is the incoming Chair of the In-House Division of the American Bar Association’s Forum on Construction Law and is a past Chair of the Construction Law Section of the State Bar of Arizona. Matt is a frequent speaker on construction industry topics, most recently speaking as a member of a panel presentation at the 2024 ABA Forum on Construction Law Regional Meeting in Los Angeles focused on “Infrastructure from the Ground Up: Civil Works Projects for Lawyers.” Matt has also co-authored or contributed to a number of publications related to construction law, including the Arizona Construction Law Practice Manual (State Bar of Arizona, 2016). Matt is currently contributing to an upcoming book from the American Bar Association entitled “Fundamentals of Construction Law.”


Scott D Sherman Related Seminars and Products

Vice-President and General Counsel

DBM Global Inc.


SCOTT D. SHERMAN has served as Vice-President and General Counsel and integral member of the DBM executive team since 2001. DBM Global is focused on delivering world class, sustainable value to its clients through a highly collaborative portfolio of companies which provide better designs, more efficient construction and superior asset management solutions. DBM Global’s portfolio of companies include Schuff Steel Company, the largest steel fabrication and erection company in the United States; Banker Steel Company; NYC Constructors; Innovative Detailing and Engineering Solutions; Lynchburg Freight and Specialty; DBM Vircon; GrayWolf Integrated Construction Company; Milco National Constructors; and Aitken Manufacturing. Mr. Sherman is responsible for managing the legal needs of the various DBM companies as well as overseeing Risk Management and Contract Management for the organization. Prior to joining DBM Global, Mr. Sherman practiced law for 12 years in Phoenix, Arizona representing a wide array of clients in complex construction and commercial litigation. Mr. Sherman started his legal career as a Clerk to the Honorable Roger G. Strand, U.S. District Court for the District of Arizona. Mr. Sherman was an associate at Snell & Wilmer, LLP and then a partner at Doyle Winthrop, P.C., prior to joining DBM Global. Mr. Sherman is a member of the Construction Law and In-House Counsel Sections of the Arizona State Bar and has spoken on various construction issues to legal and trade groups throughout the country. He is a proud graduate of the Northwestern School of Law (J.D.) and Virginia Tech (B.A. Economics and Political Science). Mr. Sherman is also a Three-Time Ironman and outdoor enthusiast. Most recently, Mr. Sherman has also ventured out to the unforgiving world of stand-up comedy and appears throughout the Phoenix Area and is host of the “Shermanator Comedy Show.”


Zaruhi Hovhannesi Torosyan Related Seminars and Products

Attorney

McCarthy Holdings, Inc.


ZARA TOROSYAN is Associate General Counsel for McCarthy Building Companies, Inc., a 100% employee-owned general contractor in five regions, national businesses, and specialized services. In her role, she is responsible for supporting the Southwest Region. Before joining McCarthy, Zara was outside counsel representing architects, engineers, contractors, and subcontractors in a variety of complex commercial construction litigation.


Roger Earl Brodman Related Seminars and Products


ROGER E. BRODMAN is Of Counsel to Holden Willits, PLC. Mr. Brodman retired in 2021 from the Maricopa County Superior Court, where he served for 14 years, completing rotations in the civil, criminal, family and juvenile departments. From 2015-2021, he was one of the original members of Maricopa County’s Commercial Court, a court formed for handling business and corporate management litigation. He also was assigned to the Complex Civil Litigation Court. He teaches evidence as an adjunct professor at ASU’s Sandra Day O’Connor College of Law. He has an engineering degree from the University of Nebraska-Lincoln and a law degree from Stanford.


Honorable M Scott McCoy Related Seminars and Products

Presiding Family Court Judge -Central

Maricopa County Superior Court


JUDGE M. SCOTT MCCOY is a Commercial Court Judge of the Maricopa County Superior Court, where his calendar is comprised of complex civil and corporate litigation, frequently involving requests for temporary restraining orders, injunctions, and other extraordinary relief related to matters involving real estate, securities, trade secrets, and other intellectual property. He was an honors business student at the University of Southern California and graduated summa cum laude from the University of Arizona College of Law in 1990. Judge McCoy served as a law clerk to Justice James Moeller of the Arizona Supreme Court before practicing complex civil litigation, becoming a partner in the Chicago office of Kirkland & Ellis and in Phoenix’s Jennings, Strouss & Salmon, P.L.C.. Now In his 19th year on the bench, Judge McCoy has presided over hundreds of bench and jury trials.


Honorable Randall H Warner Related Seminars and Products

Maricopa County Superior Court

Maricopa County Superior Court


JUDGE RANDALL H. WARNER was appointed Judge of the Superior Court of Arizona in August 2007. He currently has a civil calendar, and previously served on family court, criminal court, and juvenile court assignments. Judge Warner was the Maricopa County Civil Presiding Judge from June 2015 through June 2018, and presided over a Civil Complex Calendar for four years. Before joining the bench, Judge Warner had a civil appellate and commercial litigation practice. At the start of his career, he clerked for Arizona Supreme Court Justice Thomas A. Zlaket. Judge Warner teaches and writes frequently on the law-fact distinction, civil practice issues, effective advocacy, and civil case management.



Melvin C Cohen Related Seminars and Products

Mesch Clark & Rothschild PC


MELVIN COHEN is a partner at Mesch Clark Rothshild in Tucson. His practice focuses on commercial litigation and construction law. He has been listed in the Best Lawyers of America and included in the Southwest Super Lawyers. After graduating from the University of Cincinnati, Mr. Cohen received his Juris Doctorate from the University of Pittsburgh School of Law. In 1974, he joined the Pima County Attorney’s Office, Civil Division, working on a wide range of projects including construction of wastewater treatment plants, hospitals, highways and parks, while litigating zoning, election, employment, civil rights and other governmental disputes. Upon leaving the Pima County Attorney’s Office, Mr. Cohen and his wife traveled for a year and then returned to Tucson, working with Howard Watt until 1989 when he joined Mesch Clark Rothschild. Mr. Cohen’s practice includes litigation, arbitration and mediation, representing private and public owners, general contractors, subcontractors, suppliers, architects and engineers. He participates in the Associated General Contractors’ Contract Document Forum, has served as a Judge Pro Tem for Pima County Superior Court, participated in the City of Tucson Roads Bonds Oversight Commission, and Pima County Regional Transportation Authority Citizen Advisory Commission. Mr. Cohen is a member of Southern Arizona Leadership Council and Pima County’s Early Education Program “PEEPS.” He has served as Chair of Handmaker Jewish Services for Aging and Hillel Foundation at the University of Arizona. His recreational activities include practicing Tai Chi and studying ancient Jewish texts.


Barry C Schneider Related Seminars and Products

Principal

Schneider Mediation


BARRY C. SCHNEIDER served on the Maricopa County Superior Court bench for 21 years from 1986 to 2007. The Maricopa County Bar Association named Judge Schneider the recipient of the Henry S. Stevens Award as the outstanding judge for 1997. In 2002, Judge Schneider received the State Bar of Arizona President’s Award given at the discretion of the President of the SBA to one “who has contributed enormous effort towards the furtherance of the president’s goals and priorities.” Also in 2002, the local chapter of the American Board of Trial Advocates named him its Judicial Officer of the Year. In 2008 he was awarded the State Bar of Arizona James A. Walsh Outstanding Jurist Award. He also received in 2008 the Binghamton University’s Distinguished Alumnus Award for Public Service from his alma mater. Since retiring from the bench, Judge Schneider has been providing ADR services through his firm, Schneider Mediation. He received his B.A. in 1964 and his J.D. from St. John’s University School of Law in 1968 where he was an editor on the law review. He was admitted to practice in New York in 1968 and in Arizona in 1972.


Michael Charles Brown Related Seminars and Products


MICHAEL CHARLES BROWN is a partner at Quarles & Brady LLP (which he recently joined after spending over a decade at the former Lewis Roca). He represents owners, developers, contractors, subcontractors, material suppliers, and sureties in a wide array of disputes spanning the full range of the construction timeline—from project inception to well after completion—on both private and public construction projects. His areas of focus include construction and design defects, warranty matters, scope issues, risk allocation, delays, changes, indemnification, termination, mechanic’s liens, payment issues and claims, Prompt Pay Act compliance, bond claims, and collections. He also works with clients on licensing issues and has represented owners, contractors, and subcontractors in proceedings before the Arizona Registrar of Contractors. Michael also practices real estate litigation and is versed in many of the real property-related issues that often arise in conjunction with construction and real estate development projects. He has been a participant and speaker at past events of the State Bar of Arizona Construction Law Section and the Arizona Builders Alliance. He is a summa cum laude graduate of the Arizona State University Sandra Day O’Connor College of Law—where it all started after he happened to take Mike Holden’s Construction Law class.


Patrick F Welch Related Seminars and Products


PATRICK F. WELCH is counsel at Snell & Wilmer. He focuses his practice in the areas of construction law, fidelity and surety, insurance, commercial disputes, and U.S./Mexico cross border trade and investment matters. Patrick represents owners, general contractors, subcontractors, and sureties in state, federal, and bankruptcy courts and private arbitrations involving construction claims on complex public and private construction projects, defending related claims for extra contractual damages, and prosecuting indemnity and recovery claims. Patrick is admitted to practice law in Arizona, Nevada and Massachusetts. He received his B.A. from Connecticut College and his J.D. from New England School of Law. Throughout his career, Patrick has presented and written on the latest topics in construction law and is recognized by The Best Lawyers in America for Construction Litigation. Patrick also serves as a Vice Chair on the ABA TIPS Fidelity and Surety Law Committee and is a member of the Arizona Surety Association. He is actively involved in the community, serving on the Board of the Arizona Town Hall and volunteering as an ice hockey coach for the Coyotes Amateur Hockey Association. Patrick is fluent in Spanish.


David J Cantelme Related Seminars and Products

Attorney

Cantelme & Brown PLC


DAVID J. CANTELME formed Cantelme & Brown, PLC with Aaron Brown in 2006. Mr. Cantelme focuses his practice in the areas of construction law, government contracts and procurement, elections law, education law, representation of government entities, personal injury, zoning and land use litigation, commercial litigation, and appellate practice. Before forming the firm with Mr. Brown, Mr. Cantelme practiced for many years with Lewis and Roca LLP and Jennings, Strouss & Salmon, P.L.C. Mr. Cantelme graduated from Harvard College in 1976 and from Stanford Law School in 1979. He served as a law clerk to the Hon. Walter E. Craig from 1979-1981. For more than 40 years, he has written and spoken on numerous occasions for the Arizona State Bar and in other professional settings. Mr. Cantelme has been honored with recognition in Best Lawyers in America®, Southwest Super Lawyers, and Arizona’s Finest Lawyers. He is AV rated by Martindale-Hubbell, and has been a fellow in Litigation Counsel of America, a trial lawyer honorary society. He is also fluent in Spanish.


John Armstrong Related Seminars and Products

Civic CM


JOHN A. ARMSTRONG is an experienced construction professional currently serving as a Principal at Civic CM in Phoenix, Arizona. With over 22 years in the industry, he provides a broad range of litigation support and expert witness services for attorneys regarding testifying, calculating consequential damages, estimating the cost of defect repairs, opining the standard of care for contractors, and performing forensic schedule analysis to allocate delays. His expertise extends to project support and advisory by offering project controls and cost engineering, claims avoidance and dispute resolution, risk management, scheduling preparation and management, cost estimating, and contract and change management. John has worked on more than 170 construction projects totaling over $14 billion across various sectors, including but not limited to heavy civil, water treatment and other infrastructure, commercial, healthcare, governmental, residential, industrial and manufacturing, and oil and gas. He is well-versed in multiple project delivery methods, including design-bid-build, CMAR/CMGC, design-build, and lease-leaseback. John holds a Bachelor of Science in Construction Engineering from Purdue University and is a licensed General Residential and Commercial Contractor in Arizona. His certifications include Project Management Professional (PMP), Certified Construction Manager (CCM), PMI Scheduling Professional (PMI-SP), and Planning & Schedule Professional (PSP). John has contributed to professional publications and presented at numerous conferences on construction scheduling, claims, and dispute resolution.


Richard A Friedlander Related Seminars and Products

Of Counsel

Lang & Klain PC


RICHARD A. FRIEDLANDER, Of counsel to Lang, Thal, King, and Hanson, P.C (Scottsdale, Arizona) November 20, 2023 to present; Of counsel to Lang & Klain, P.C., January 1, 2020 to November 20, 2023; Member, Dickinson Wright, PLLC, January 1, 2013 to December 31, 2019; Shareholder, Director and Partner, Mariscal, Weeks, McIntyre & Friedlander, PA, 1972-2012; Associate, Hoffman & Davis (Chicago, Illinois), 1969-72. Over the years, Mr. Friedlander’s practice areas included construction, real estate, and complex commercial litigation. For the past 25 years Mr. Friedlander has maintained a very active ADR practice as an experienced mediator and arbitrator handling ADR matters in Arizona and throughout the Southwest. He has mediated and/or arbitrated numerous disputes involving construction, real property, contracts, bankruptcy, insurance, title and escrow disputes, lending, bad faith, and other complex civil and multi-party cases. Mr. Friedlander’s construction practice generally involved large, complex, multi-party construction matters representing owners (including public owners), design professionals, general contractors and subcontractors, and consultants in both court and ADR proceedings. His construction experience includes a broad spectrum of commercial projects, such as disputes involving highways, bridges, sewer/waste-water facilities, public schools, university buildings and facilities, hospitals, shopping centers, hotels, casinos, office buildings (public and private), residential projects including condominiums and university housing, clean rooms, jails, industrial facilities and airport projects. He has an extensive background and experience in drafting and negotiating construction contracts for all types of private and public projects. For many years, Mr. Friedlander has authored numerous articles, contributed to the Arizona Construction Manual (2006 and 2016), and has been a speaker on various construction and ADR issues. Mr. Friedlander has been listed for years in Best Lawyers in America and Super Lawyers of the Southwest for his construction and ADR experience, is a charter and founding member of the Arizona Chapter of National Academy of Distinguished Neutrals, selected by Best Lawyers as Construction Lawyer of the Year for 2011, Lawyer of the Year in Arbitration for 2013, 2019 (Phoenix) and 2021 (Scottsdale), Lawyer of Year in Mediation (Scottsdale) for 2023 and Lawyer of the Year for Construction Litigation for 2015, 2017 and 2020, selected for inclusion by AzBusiness Leaders Magazine – Alternative Dispute Resolution (2016, 2017 and 2018) and Construction (2019), and selected by AzBusiness Leaders Magazine as one of the top 100 lawyers in Arizona for 2020. Mr. Friedlander serves on several American Arbitration Association Panels: Construction and Commercial Arbitration, Mediation, Joint Venture and Master Mediation Panel-Construction for AZ, NM, OK and TX.


Stephen E Jackson Related Seminars and Products

Member

Warner Angle Hallam Jackson & Formanek PLC


STEPHEN E. JACKSON is a member and previously served as Chairman and President of the Phoenix law firm of Warner Angle Hallam Jackson & Formanek PLC. He received his undergraduate and law degrees from Indiana University and served as a judge advocate in the United States Air Force after which he joined Warner Angle. His practice concentrates in the areas of construction law, real estate, civil litigation, and business transactions. He represents a broad range of individuals and businesses in the construction and real estate industries. In addition to client representation, he serves as a Judge Pro Tem for Maricopa County Superior Court, as an arbitrator with the American Arbitration Association, and as a private mediator and arbitrator in construction and commercial disputes. He has lectured and written extensively on construction law topics for the State and County Bar Associations and various trade associations. He is a Fellow in the American College of Construction Lawyers and is listed in Best Lawyers in America®, Southwest Super Lawyers, and Arizona’s Finest Lawyers. He has been recognized by Best Lawyers in America® as Lawyer of the Year (Phoenix) in 2021 and 2019 for Construction Litigation and in 2017 for Construction Law. He has also been recognized as one of the Top 100 Lawyers in Arizona by AZ Business Magazine.


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Location

Doubletree Hotel by Hilton -Phoenix-Tempe

2100 S. Priest Drive, Tempe, AZ, United States