TABLE OF CONTENTS
Business Basics
1.1 Business Formation and Entity Selection - Roxann S. Gallagher
1.2 Contractor Licensing - Brian Michael Flaherty
1.3 Obtaining Surety Bonds for Contractors - William A. “Wink” Ames, Deborah K. Anderson & Michael D. Specht
1.4 Construction Risk Management Through Insurance - Brian M. Flaherty & Chris Duncan, CLCS
1.5 Arizona Sales Taxation of Contracting - Patrick Derdenger
1.6 Payroll Taxes and the Risk of Personal Liability - James B. Vandeventer, CPA
1.7 Overview of Construction Accounting Methods and Tax Consequences - James B. Vandeventer, CPA
1.8 Employment and Immigration Considerations - Sharon S. Moyer & Helen R. Holden
1.9 Labor Unions and the Construction Project - Stanley Lubin & Kaitlyn Redfield Ortiz
1.10 Bank Financing of Contractors - Kevin J. Herbst, Vice President
Bidding and Contract Formation
2.1 Overview of the Competitive Bidding Process - David J. Cantelme
2.2 Federal , State and Local Programs for Contracting by Disadvantaged Businesses - Eric E. Lynch
2.3 The 2007 AIA Documents As Compared to the 2007 Concensus Documents - David C. Tierney
2.4 Construction on Indian Reservations - Edward Rubacha
2.5 Alternative Project Delivery Methods - John L. Condrey
Construction Law Issues
3.1 Risk Identification, Management and Mitigation on Construction Projects - Ron R. Stuff
3.2 Risk Transfer Through the Tender of Defense - Andrew R. Peshek & Jason J. Bliss
3.3 The Law of Contract Terminations: Alternatives and Consequences - P. Douglas Folk
3.4 Regulation of Fugitive Dust Emissions from Construction Activities - John D. Burnside
3.5 Bankruptcy in Construction Law - Scott B. Cohen
3.6 Indemnification - Ruth Franklin
3.7 Design Professionals and Land Surveyors - P. Douglas Folk
3.8 Arizona’s Economic Loss Rule – Tort vs. Contract - Robert O. Dyer
3.9 Construction Warranties - Stephen E. Jackson, Chris B. Baniszewski & Matthew J. Pierce
3.10 Mechanics’ Lien Priority and the Ever Evolving Doctrine of Equitable Subrogation - Julianne C. Wheeler
3.11 Purchase Orders Under the Uniform Commercial Code - John R. DePaul, Kevin J. Bonner & John R. Jefferies
3.12 OSHA and ADOSH Proceedings - Charles P. Keller
3.13 Purchaser Dwelling Actions - Claudio E. Iannitelli
3.14 Change Orders - Neal A. Eckel
3.15 A Survey of Public-Private Partnerships - Matthew B. Meaker
3.16 Delay Damages - Whitney Cunningham & John W. Carlson
Getting Paid
4.1 Construction Claims Introduction - Robert O. Dyer
4.2 Arizona’s Prompt Payment Laws - Michael J. Holden
4.3 Construction Surety Claims - William F. Haug, Mark E. Barker & James L. Csontos
4.4 Mechanics’ Liens Claims - Michael R. King
4.5 Stop Notices - Michael R. King
4.6 Unjust Enrichment Claims - Richard L. Cobb
4.7 Preserving Your Rights and Understanding Claims Against Public Entities - Frances J. Haynes
4.8 Administrative Claims Act Compliance - Thomas K. Irvine
4.9 Federal Contracts and Claims - Melvin C. Cohen & Paul A. Loucks
Mediation, Arbitration, Litigation, Registrar of Contractors
5.1 Theories of Recovery - Richard A. Friedlander, Scott A. Holcomb, Michael Holden & David C. Tierney
5.2 Development of the Complex Construction Case for Trial - Guy W. Bluff
5.3 Litigation―The Practical Side: Preparing the Owner’s Defense Strategy - David C. Tierney
5.4 Mediation as a Part of the Construction Claims-Solving Process - Shawn K. Aiken
5.5 Developing and Pursuing the Construction Case at Arbitration - E. Jeffrey Walsh & Michael R. Collins
5.6 Electronic Discovery and Litigation Holds - Scott A. Holcomb & Tod A. Baxter
5.7 Selection and Use of Experts Regarding Construction Claims - James Sienicki & Cindy K. Schmidt
5.8 Attorneys’ Fees in Construction Disputes - John Dillingham
5.9 Construction Defect Litigation - Rina Rai & Michael A. Ludwig
5.10 Registrar of Contractors’ Proceedings - Sharon B. Shively, Matthew B. Meaker & James Hanson
Ethics
6.1 Ethical Considerations to Multiple Representation in Construction - Robert O. Dyer
6.2 Written Engagement Letters - Lynda C. Shely
6.3 Representations Adverse to Former Clients: Ethical Considerations - John G. Ryan
6.4 Spoliation - Brian Michael Flaherty
6.5 Ex Parte Communications with Former Employees of a Party - Kent A. Lang
Important Case Law
7.1 Arizona’s Most Important Construction Law Appellate Decisions
DAVID C. TIERNEY is a litigator practicing primarily in Commercial Construction Law, as well as a mediator / arbitrator. He has been a partner in the Phoenix firm of Sacks Tierney P.A. since 1974. Mr. Tierney received his B.A. degree from Brandeis University and his J.D. degree from Harvard Law School in 1965. He was Clerk to Justice Reardon, Massachusetts Supreme Court; a Peace Corps volunteer (still fluent in Spanish); and former chairman of the Governor's Task Force on Computers in Education. Mr. Tierney was Chairman of the Board of Trustees for ARCOR (State Prison Industries) and is the current Chairman of Restorative Justice Resource Coalition, Inc., a group which helps probationers do construction work on 501(c)(3) buildings. Mr. Tierney is the past Chairman of the Board of Trustees for Risk Management (self-insurance for Maricopa County); a founder of the Horace Rumpole Inn of Court; a past Chairman of the State Bar Construction Law Section and the Alternative Dispute Resolution Section; one of four editors of the Practice Manual for the State Bar Construction Law Section; the Treasurer of Arizona Behavioral Health Corporation, Inc.; and the past Chairman of the Arizona Coalition for Tomorrow (a Head Start related entity). In October 1998, he received the “Hon Kachina” Award for volunteer service to the Community. In September 2003, the National Association of Probation Executives presented the William Faches Award to Mr. Tierney. Mr. Tierney is a former Adjunct Professor at ASU Law School teaching Construction Law and a Life Member of the American Bar Association Fellows. From 2005 to the present, he has been listed in the Best Lawyers in America listings for Construction Law, Civil Litigation, and Mediation/Arbitration services. Since 2006, he has been listed as a Top Commercial Litigator in the American Lawyer Magazine list of Top Litigators. In March, 2011, he was awarded the Judge Learned Hand Award for service to the community. He was construction litigator of the year in 2014 and 2016.
Mr. Tierney has mediated or arbitrated over 150 proceedings and has chaired and presented at numerous continuing legal education programs for the Arizona State Bar and for the American Arbitration Association on such topics as Ethics, Alternative Dispute Resolution (ADR), the Revised Uniform Arbitration Act, Construction Bidding Process, and Contractual Requirements on Governmental and Private Jobs. Mr. Tierney was a member of Valley Leadership Class I. He has served on the Valley Leadership Board of Directors and has presented in past Valley Leadership programs.
SHARON B. SHIVELY is a shareholder at Sacks Tierney P.A. and is Chair of the Firm’s Construction Law Group. She devotes the majority of her time to the representation of Owners, Contractors, and others associated with the construction industry and handles large and complex litigation and business matters. She is the Past Chair and current member of the Construction Law Section, the Alternative Dispute Resolution Section and Trial Practice Section of the State Bar of Arizona. Sharon also serves as a private mediator and an arbitrator for the American Arbitration Association Construction Industry Panel. Sharon was recently selected as “Lawyer of the Year” in Construction Law (Scottsdale) by Best Lawyers in America for 2017. Sharon has been named in Super Lawyers (Construction Litigation) from 2007 to the present, including Super Lawyers Top 25 Women Lawyers in Arizona (2014) and Best Lawyers in America (Construction Law) from 2007 to the Present. Sharon was selected by Arizona Business Magazine as one of Arizona’s Top 100 Lawyers for 2015, and is also named in Arizona’s Finest Lawyers for 2010 – Present, and Top Valley Lawyers (Construction/Development), North Valley Magazine 2011 - Present. Sharon is a Co-Editor in Chief of the Arizona Construction Law Manual (2d Ed.) 2011 and (3d Ed.) 2016 both published by the State Bar of Arizona. She is a member of the attorneys’ councils for the American Subcontractors Association of Arizona and the Arizona Builders Alliance.
Mr. Dyer received his B.A. in 1971 from Stanford University and his J.D. in 1974 from the University of Utah. He then clerked for the Honorable F. Henri Henriod, Utah Supreme Court. He is a former chairman of the Construction Law Section of the State Bar of Arizona. He is also a member and vice chair of the Fidelity and Surety Committee, Tort and Insurance Practice Section of American Bar Association. Mr. Dyer is an author of several construction law publications: The Allocation of Recoveries Between Employer and Surety in Fidelity Bond Cases, 1998 Surety Claims Institute; Summary Judgment Motions in Fidelity Coverage Litigation - Workable or Not?, Tort and Insurance Practice Section, American Bar Association (1998); Ethical Considerations to Multiple Representation in Construction and Surety Bond Litigation, The Construction Lawyer (1997); Recent Innovations in Public Works ADR, 1995 Wiley Construction Law Update; Fiduciary Bonds, 1994 Fidelity and Surety Trial Practice Program on Miscellaneous Bonds, International Association of Defense Counsel; A Comparison: Arizona Mechanic’s and Materialmen’s Lien Law, California Mechanic’s and Materialmen’s Lien Law, Uniform Construction Lien Law, 1990 Annual Convention, State Bar of Arizona; Ethics in Litigation, Maricopa County Bar Assoc. Seminar (1990); Contributing Editor, Arizona Construction Law, State Bar of Arizona.