A uniquely creative trial lawyer who thrives in both court and arbitration, Jim reshapes his clients’ most difficult legal challenges. Whether they have large, sophisticated legal departments or no legal experience at all, clients trust Jim with their bet-the-business problems.
Jim’s considerable knowledge of complex construction litigation ensures creative resolution of clients’ most difficult problems. He is also top choice for disputes over insurance, lender liability, intra-company management and real estate. Because of his unique ability to analyze complex legal issues, Jim is often enlisted to reshape strategies mid-case when the client faces mounting risks. His fresh ideas and sophisticated analysis changes the course of the litigation, creating victories for cases that were destined for defeat.
Jim leverages his background as an insurance adjuster for a national insurance company to aid his clients and has represented developers, local municipalities, contractors, purchasers, insurers, investors, businesses, and property owners in complex litigation, including construction defects, contract disputes, wrongful termination, and claims for equitable adjustment of construction contracts. He has also been indispensable in cases involving the emerging medicinal cannabis industry, litigating complex cases in both arbitration and court.
Persuading the Arizona Supreme Court to reverse prior unfavorable precedent, Jim obtained summary judgment for his client regarding the anti-deficiency statute's applicability to construction loans. The published opinion is BMO Harris Bank, N.A. v. Wildwood Creek Ranch, LLC, 236 Ariz. 363, 340 P.3d 1071 (2015).
Championing a corporate client, Jim recovered more than $10 million in litigation after the company’s former executive diverted company money to purchase multimillion dollar insurance policies prior to his death.
Breaking new legal ground, Jim litigated a case that clarified legal doctrines for discharging liens, options, and other encumbrances. The published appellate opinion is Brimet II LLC v. Destiny Homes Marketing.
Employing a first-of-its-kind analysis, Jim was able to place a construction issue on a referendum ballot despite admitted defects in the petition. The published appellate decision is Forszt v. Stop Oro Valley Outrageous Giveaways.
Successfully litigating the expansive scope of arbitrators’ powers, Jim helped his client avoid court in a commercial construction dispute. The published appellate decision is Sun Valley Ranch 308 v. Robson.
Suing a structural engineer for defective designs affecting multiple homes in a development, Jim obtained a judgment for the entire claim, including an award of all attorneys’ fees and costs and monetary sanctions against the design engineer.
Testified to Arizona Legislative Committee regarding the Purchaser Dwelling Action statute, November 14, 2018.
News & Insights
- Press Release02.09.2015
"A New Frontier: Enforcing Waivers of the Implied Warranty of Good Workmanship and Habitability" CLE, September 12, 2019
"Update on Emerging Trends in Homeowner Defect Claims" CLE, November 13, 2018
Professional & Civic Activities
Professional & Civic Activities
Home Builders Association of Central Arizona
Boy Scouts of America
Goodwill of Central Arizona, Inc., May 2007-Dec 2013
- Board of Directors – Secretary
- Executive Committee
Arizona Bar Association
Maricopa County Bar Association