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David C. Tierney

A veteran in the practice of Arizona construction law, David Tierney has been listed in The Best Lawyers in America® every year since 2003 and is Best Lawyers® 2014 Construction Lawyer of the Year (Phoenix).

David also devotes a considerable portion of his practice to alternative dispute resolution across many commercial industries and is a past-chair of the ADR Section for the State Bar of Arizona. His Spanish fluency is an important asset in his arbitration and mediation of cross-border disputes.


Practice Areas

Civil Litigation

Construction Law

Arbitration and Mediation


Honors and Awards

Lawyer of the Year – Construction (Phoenix), 2014, The Best Lawyers in America®

AV-Preeminent® Rating, Martindale-Hubbell®

The Best Lawyers in America® (Arbitration, Commercial Litigation, Construction Litigation, Mediation, Real Estate Litigation), 2003-2015

Super Lawyers (Construction Litigation), 2007-2014

Super Lawyers® Top 50 Lawyers in Arizona, 2009-2012

"Arizona's Top Lawyers," AzBusiness Magazine: Alternative Dispute Resolution, 2014; Construction Litigation, 2013

“2013 Top Rated Lawyers,” Commercial Litigation Law, The American Lawyer

Judge Learned Hand Award (Community Service): American Jewish Committee (Arizona Region), 2011

Fellow, American Bar Foundation

Arizona's Finest Lawyers, 2010-present


Professional Activities

American Bar Association

State Bar of Arizona: Alternative Dispute Resolution Section, Past Chair; Construction Law Section, Past Chair; Co-Editor, "Construction Law Practice Manual"

American Arbitration Association: Commercial Panel; Construction Panel; Construction Mediation Panel; AAA Construction Advisory Council, Chairman

Maricopa County Bar Association

Law Clerk to Justice Paul C. Reardon, Supreme Judicial Court of Massachusetts, 1965-1966


Reported Cases

Precision Components, Inc. v. Harrison, Harper, Christian & Dichter, P.C., 179 Ariz. 552, 880 P.2d 1098 (Ariz. App. Div. 2, Nov. 4, 1993) (No. 2 CA-CV 93-0239)

Tracy v. Superior Court of Maricopa County, 168 Ariz. 23, 810 P.2d 1030 (Ariz., Apr. 23, 1991) (No. CV90-0407-SA)

Mandraes v. Hungerford, 127 Ariz. 585, 623 P.2d 15 (Ariz., Jan. 9, 1981) (No. 14981)

Greenfield v. Cheek, 122 Ariz. 70, 593 P.2d 293, Blue Sky L. Rep. P71, 440, Fed. Sec. L. Rep, P96,560 (Ariz. App., Sep. 19, 1978) (No. 1 CA-CIV 3785)

Greenfield v. Cheek, 122 Ariz. 57, 593 P.2d 280 (Ariz., Mar. 23, 1979) (No. 14074-PR)

Sundown Imports, Inc. v. Arizona Department of Transportation, Motor Vehicle Division, 115 Ariz. 428, 565 P.2d 1289 (Ariz., App., Mar 14, 1977) (No. 2 CA-CIV 2282)

Application of Collins, 108 Ariz. 310, 497 P.2d 523 (Ariz., Jun. 1, 1972) (No. H-585)

Keams v. Tempe Technical Institute, Inc., 39 F.3d 222, 63 USLW 2285, 95 Ed. Law Rep. 513 (9th Cir. [Ariz.], Oct. 31, 1994) (No.92-16349)

Keams v. Tempe Technical Institute, Inc., 110 F.3d 44 (9th Cir. 1997)

Crawford v. American Institute of Professional Careers, Inc., 934 F.Supp. 335, 112 Ed. Law Rep. 222 (D. Ariz., May 17, 1996) (No. CIV 94-2402 PHX CAM, CIV 96-0646 PHX CAM, CIV 95-0366 PHX CAM)

Keams v. Tempe Technical Institute, Inc., 807 F.Supp. 569, 79 Ed. Law Rep. 846 (D. Ariz., May 4, 1992) (No. CIV 91-0728 PHX RCB)

In re: Residential Resources Mortgage Investments Corp., 98 B.R. 2, Bankr. L. Rep. P 72,723 (Bankr. D. Ariz., Feb. 16, 1989) (No. B-89-0200, 89-53, 'B')

ABC Supply v. Edwards, 232 Ariz. Adv. Rep. 9 (CA 12/17/96)


Court and Bar Admissions

Massachusetts, 1965

State Bar of Arizona, 1969

U.S. District Court, District of Arizona, 1969

U.S. Court of Appeals, Ninth Circuit, 1971

U.S. Supreme Court, 1971


Articles and Presentations

"Drafting an Effective ADR Clause," State Bar of Arizona, Construction Law Section, November 2013, and ADR Section, May 2014

"Arbitration in Arizona: Changes Have Arrived," March 2013

"Arizona Construction Law Practice Manual (2nd Ed. 2011)," Contributing Editor

"Construction Quality: Do It Right or Pay the Price" (co-editor), www.doitrightllc.org, Prentice-Hall, 2011

"Arbitration in Arizona: Changes Are Coming," September 2010

"Arbitration and Mediation 'Nuts and Bolts' for Owners and Contractors," Lorman Education Services, March 2010

"The Law Regarding Indemnity, a Crucial Factor in Control," Lorman Education Services, March 2009

"Errors and Omissions in Plans and Specifications: Spearin and Kubby Cases," Lorman Education Services, March 2009

"Overview of New AIA Contract Documents," Lorman Education Services, March 2009

"Mediation vs. Arbitration – Trends in Alternative Dispute Resolution in Arizona," Lorman Education Services, March 2009

"Maximizing/Uncovering the Hidden Value in Construction Schedules through Buy-In and Collaboration in Arizona," Lorman Education Services, December 2008

"The Arizona Mechanics Lien Law and Stop Order Law as Recently Amended: the New Definition of 'Completion'," January 2000

"Construction Defect Litigation," September 2002

"'Unless and Until' Clauses: Slow Pay for Subcontractors," Arizona Contractors Association Almanac, 1989; State Bar Construction Law Section Newsletter, March 1990

"Some Key Changes in the New 2007 AIA Documents," April 2008

"Controlling the Means of Construction: New Exposure for Architects on Construction Jobs," Southwest Contractor, January 1985

"Our Prisons: Upside Down & Backwards Priorities," Tempe Daily News, August 1984

"Alternatives to Incarceration," Scottsdale Progress Saturday Magazine, January 1980

"Prison Crisis: a Need for Rehabilitative Programs" (co-author), Weekly Gazette Convention Issue, May 1979

"Arizona Corrections: Accomplishments and Unfinished Business" (co-author), Arizona Bar Journal, August 1978

Litigation Manual (contributing editor), Maricopa County Bar Association


Community Leadership

St. Joseph’s Hospital and Medical Center Community Board:
Past Chair

Arizona Behavioral Health Corporation: Board of Directors

Arizona Foundation for Behavioral Health: Board of Directors

Phoenix Community ToolBank: Board of Directors

Restorative Justice Resources Coalition, Inc.: Chairman

Arizona Coalition for Tomorrow: Past President

Irish American Cultural Institute: Past Chair

Arizona State University College of Law: Former Adjunct Professor of Construction Law

Maricopa County Self-Insured Trust Fund: Past Chair, Board of Trustees

Valley Leadership, Inc.: Past Member, Board of Directors

Arizona Policy Forum, Vice President, 1998-2006

Provost’s Advisory Committee, ASU West, 1997-2004

Arizona Prison Industries, Chairman, Board of Trustees, 1981-1987

Governor’s Commission on Computers in Education: Chair, 1984-1985

Maricopa County Nonpartisan Commission on Trial Court Appointments, 1975-1979

Peace Corps: Volunteer, 1966-1969


Education

Harvard University, J.D., 1965

Brandeis University, B.A., 1962


Language Fluency

Spanish


Birthplace

Cambridge, Massachusetts