The Sanctity of Construction Contracts versus the Realities of Construction

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.

Danielle J Viola Related Seminars and Products

Superior Court Judge

Judge Danielle Viola joined the Maricopa County Superior Court in 2011. She currently serves as the Civil Presiding Judge. Judge Viola previously served as the Arizona Tax Court Judge, the Associate Criminal Presiding Judge, and the Administrative Judge for the Post-Conviction Relief Unit. She has presided over calendars in civil, complex civil, commercial court, criminal, tax, and family. 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 Arizona Commission on Access to Justice, and the State Bar Civil Practice and Procedure Committee. Judge Viola also serves as a judicial sponsor for Maricopa County Superior Court’s Strategic Initiative focused on creating community access points. She served as a member of the COVID-19 Continuity of Court Operations During a Public Health Emergency (“Plan B”) Workgroup. Before taking the bench, Judge Viola practiced commercial litigation at Snell & Wilmer LLP. Judge Viola was born and raised in Arizona and graduated from Arizona State University before attending law school at Sandra Day O’Connor College of Law.

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
has served on civil, criminal, family, and juvenile court assignments. Judge Warner was the Civil
Presiding Judge in Maricopa County from June 2015 through June 2018, and presided over a Civil
Complex Calendar for four years. Before joining the bench, Judge Warner had an 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 case management.

Honorable M Scott McCoy Related Seminars and Products

Civil Court Judge - Commercial Court

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.

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.

Todd A Baxter Related Seminars and Products

Member

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

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.

Kevin M Estevez Related Seminars and Products

Attorney

Holden Willits PLC

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

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.

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.

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.

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

Manager

The Wheeler Law Group

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

Member/Partner

Warner Angle Hallam Jackson & Formanek PLC

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