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The Sanctity of Construction Contracts versus the Realities of Construction, 04/14/2023, On Demand More info »
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The Sanctity of Construction Contracts versus the Realities of Construction

Total Credits: 5 Construction Defect Law Specialization, 6 CLE, 1 Ethics

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Construction Law |  Real Property
Michael J Holden |  Barry A Willits |  Danielle J Viola |  Honorable Randall H Warner |  Barry C Schneider |  Todd A Baxter |  David J Cantelme |  Kevin M Estevez |  Richard A Friedlander |  Stephen E Jackson |  Dominica J Minore |  Stephen E Richman |   3 more....
7 Hours 15 Minutes
Co-Sponsored by:
The State Bar of Arizona Construction Law Section
Doubletree Hotel by Hilton -Phoenix-Tempe - Tempe, AZ



Arizona courts generally show respect for “the sanctity of contract” by enforcing negotiated contract terms.  However, because of the unusual risks inherent in the construction process and the chaotic nature of construction projects, the Arizona judiciary and the legislature have limited the enforcement of certain construction contract provisions in ways that run contrary to the sanctity of contract.      

This year’s State Bar Construction Law Section’s All-Day Program will focus on numerous legislative and judicial exceptions to the rote enforcement of written construction contracts.  The faculty of experienced construction lawyers will discuss how—and more importantly why—the realities of construction contracting sometimes outweigh the parties’ freedom to contract.  The seminar will include one hour of CLE ethics credit.

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

  • New Pueblo and enforcement of claim notice provisions
  • Mandated contract terms under Arizona’s Prompt Pay Laws
  • Implied warranties and obligations in construction contracts
  • Legislative limitations on indemnity
  • The Purchaser Dwelling Act and the judicial prohibition of warranty disclaimers
  • Waiver of written change order requirements.

Program Co-Chairs:

Michael J. Holden, Holden Willits PLC
Barry A. Willits, Holden Willits PLC


Hon. Danielle Viola, Maricopa County Superior Court
Hon. Randall H. Warner, Maricopa County Superior Court
Hon. Barry C. Schneider (Ret.)
Chris R. Baniszewski, Warner, Angle, Hallam, Jackson, & Formanek, PLC
Todd Baxter, Dickinson Wright PLLC
David J. Cantelme, Cantelme & Brown, P.L.C.
Kevin M. Estevez, Holden Willits PLC
Richard A. Friedlander, Lang & Klain, PC
Michael J. Holden, Holden Willits PLC
Stephen E. Jackson, Warner, Angle, Hallam, Jackson, & Formanek, PLC
Dominica Minore, Minore Law
Steven E. Richman, Dickinson Wright PLLC  
James J. Sienicki, Snell & Wilmer LLP
Julianne C. Wheeler, Wheeler Law Group
Barry A. Willits, Holden Willits PLC

*Cancellations must be made prior to 12:00pm on April 10, 2023




Michael J Holden Related Seminars and Products

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 41 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 serves as legal counsel for the Arizona Builders Alliance. He is also an adjunct professor at Arizona State University School of Law and has taught a course on construction law for the past 18 years. In 2010, 2013 and 2019, he was selected by Best Lawyers in America as the Lawyer of the Year for Construction Law in Phoenix. Southwest SuperLawyers has named him one of the top 50 lawyers in Phoenix eight of the last ten years. He was elected as a Fellow to the American College of Construction Lawyers in 2011. (03/2022)

Barry A Willits Related Seminars and Products

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; "Economic Damage Claims Against Design Professionals," Arizona Attorney (February 2003). Mr. Willits has been named in Best Lawyers in America® for construction litigation every year since 2012, and he was named Lawyer of the Year in 2016, 2021 and 2022. 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. (03/2022)

Danielle J Viola Related Seminars and Products

joined the Maricopa County Superior Court in 2011. She currently serves as the Civil Presiding Judge. Danielle previously served as the Arizona Tax Court Judge, the Associate Criminal Presiding Judge, and the Administrative Judge for the Post-Conviction Relief Unit. She is the immediate past chair of the Jury Advisory Committee for the Maricopa County Superior Court, and she currently serves on the Advisory Committee on the Rules of Evidence, the Court Interpreter Program Advisory Committee, and the State Bar Civil Practice and Procedure Committee. Danielle also served as a member of the COVID-19 Continuity of Court Operations During a Public Health Emergency ("Plan B") Workgroup. Before taking the bench, Danielle practiced in the area of commercial litigation at Snell & Wilmer LLP.

Honorable Randall H Warner Related Seminars and Products

Maricopa County Superior Court

Maricopa County Superior Court

HONORABLE RANDALL H. WARNER was appointed Judge of the Superior Court of Arizona in August 2007. He currently has a family court calendar, and has served on civil court, 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. 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 civil practice issues, effective advocacy, and civil case management. He recently published his third law review article on the law-fact distinction, All Mixed Up About Statutes: Distinguishing Interpretation from Application, 22 J. App. Prac. & Process 163 (2022).

Barry C Schneider Related Seminars and Products


served on the Maricopa County Superior Court bench for 21 years from 1986 to 2007. Before his appointment to the bench he was an associate at Langerman, Begam, Lewis, Leonard & Marks and then a partner at Rosen & Schneider, Ltd. 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. 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.

Todd A Baxter Related Seminars and Products


Dickinson Wright PLLC

is a member in the Phoenix office of Dickinson Wright PLLC. He has been selected as a Southwest SuperLawyers Rising Star in Business Litigation and Construction Litigation from 2012 to 2016 and was named to Best Lawyers in America for Construction Law in 2020. Todd's practice focuses on Construction Law and Commercial & Business Litigation. Todd negotiates and prepares construction contracts for general contractors and private and public owners, as well as preparing other commercial contract documents. In litigation, Todd frequently represents general contractors and property owners and developers in a wide array of commercial construction disputes and also represents homebuilders in residential construction disputes, in state and federal courts, mediation, arbitration tribunals, and before administrative agencies. Todd also represents businesses and business owners in commercial litigation and owner/shareholder disputes. Todd proudly represents his firm with the Arizona Builders' Alliance and is active on its legislative committee, legal advisory council, and community service board. Todd received his B.A. from the University of South Dakota in 1992 and his J.D. from Tulane University Law School in 2006.

David J Cantelme Related Seminars and Products


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 30 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 SuperLawyers, and Arizona's Finest Lawyers. He is AV rated by Martindale-¬Hubbell, and is a fellow in Litigation Counsel of America, a trial lawyer honorary society. He is fluent in Spanish.

Kevin M Estevez Related Seminars and Products


is a member of Holden Willits, PLC. His practice focuses on construction law and business litigation. He has represented owners, contractors, subcontractors, suppliers, architects, engineers, sureties, and real estate developers. Mr. Estevez is the author of Arizona Construction and the Law-a legal blog covering construction law in Arizona. He graduated, cum laude, from the Sandra Day O'Connor College of Law, was the Business Editor of the Arizona State Law Journal, and earned a B.S., magna cum laude, in business administration from the University of Arizona, with double majors in finance and marketing. Mr. Estevez is an AV rated attorney with Martindale Hubbell and has been selected for recognition by Southwest Super Lawyers and Arizona's Finest Lawyers. He is a current board member and former president of the Scottsdale Bar Association. 

Richard A Friedlander Related Seminars and Products

Of Counsel

Lang & Klain PC

of counsel to Lang & Klain, P.C. (Scottsdale, Arizona), January 1, 2020 to present; 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. Mr. Friedlander's practice areas include construction, real estate, and complex commercial litigation, as well as a very active ADR practice for the past 25 years as an experienced mediator and arbitrator handling ADR matters in Arizona and throughout the Southwest. He has mediated and/or arbitrated 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 involves 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 is also listed 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 Association of Distinguished Neutrals, selected by Best Lawyers in America as Construction Lawyer of the Year for 2011, Lawyer of the Year in Arbitration for 2013, 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. He is also a Member of the Alternative Dispute Resolution Section of the State Bar of Arizona.

Stephen E Jackson Related Seminars and Products


Warner Angle Hallam Jackson & Formanek PLC

Dominica J Minore Related Seminars and Products

President/Principal Attorney

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 research analyst to the Arizona House of Representative's Judiciary Committee, and she received her undergraduate degree from ASU in 1991. Ms. Minore is the President of the Executive Council of the State Bar's Construction Section and a member of the ABA's Forum on the Construction Industry. She also is a Fellow of the American Bar Foundation.

Stephen E Richman Related Seminars and Products

Dickinson Wright PLLC

is a Member of Dickinson Wright PLLC and serves as the Construction Law and Real Estate Litigation Practice Department Manager. 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. He is also active in the Arizona Builders Alliance, where he is a member of the Legislative Review Committee and the Legal Advisory Council. Mr. Richman is also 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. (03/2022)

James J Sienicki Related Seminars and Products

Snell & Wilmer LLP

is a partner at Snell & Wilmer LLP which has been recognized as a national "Tier 1" firm in construction litigation during the last seven years by U.S. News and Best Lawyers. Jim was the head of the firm's construction group for over 15 years. Since 1983, Jim has represented owners, developers, general contractors, subcontractors, suppliers, design professionals and lenders in litigation, contract drafting, negotiations, arbitration and mediation matters involving public and private projects and is a frequent speaker and author. He is a member of the American Subcontractors Association, Arizona Builders' Alliance, ACEC, American Bar Association Forum on the Construction Industry, ABA Public Contracts Section, State Bar Construction Law Section and Construction Financial Management Association. He graduated Order of the Coif from the University of Kansas School of Law in 1983 and was managing editor of the Kansas Law Review. He earned his undergraduate degree from the U.S. Air Force Academy in 1974. Jim has been named to Best Lawyers in America® 2003-2022 in the area of Construction Law and Litigation. The Best Lawyers in America® also named Jim Phoenix Lawyer of the Year, Construction Law, in 2013 and Phoenix Lawyer of the Year, Construction Litigation in 2018. Jim has also been listed in Southwest Super Lawyers in the Construction Litigation area for over a decade. (03/2022)

Julianne C Wheeler Related Seminars and Products


is a Member of Wheeler Law Group and has, since 1988, been a commercial litigator emphasizing construction law and real estate transactions. This year and in years prior, she is listed in The Best Lawyers in America ®, Construction Litigation, Commercial Litigation and Construction Law. Julianne has litigated, arbitrated, and mediated complicated mechanics lien disputes, surety bond claims, concrete placement issues, construction delay claims, site utility specifications, cleanroom construction specifications and structural steel claims, to name a few, representing designers, owners, general contractors, subcontractors and suppliers. Julianne is a former Chair of the Construction Law Section of the Arizona Bar Association, was Legal Counsel to the Arizona Subcontractor's Association, was a Member of the Arizona State Board of Technical Registration, is a contributor to the Arizona Construction Law Practice Manual (2nd and 3rd Editions), and is a frequent speaker, author and instructor for the ABA's PM Development Program. Julianne earned an AV Rating with Martindale Hubbell, served as a faculty member of the Arizona Trial College, and is a former Judge Pro Tem for the Maricopa County Superior Court. (03/2022)

Chris R Baniszewski Related Seminars and Products


Warner Angle Hallam Jackson & Formanek PLC



Doubletree Hotel by Hilton -Phoenix-Tempe

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