Sacks Tierney P.A.

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Scottsdale-Phoenix | 480.425.2600

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Brian M. Flaherty


The Best Lawyers in America


Brian M. Flaherty

Brian Flaherty is a Best Lawyers in America® honoree who focuses his practice on construction law, commercial litigation and insurance recovery.

Brian is not only a litigator, but drafts and negotiates contracts and provides day-to-day advice to his clients during the entire life-cycle of a construction project.

When issues arise, Brian strives to help his clients resolve their problems effectively without resorting to litigation. When litigation is unavoidable, Brian has the trial and arbitration experience necessary to get results.

Brian is one of four editors of the Practice Manual for the State Bar of Arizona Construction Law Section and has authored several articles related to licensing, insurance, spoliation and Arizona’s Purchasers Dwelling Act.

Practice Areas

Construction Law

Insurance Recovery

Commercial Litigation


The Best Lawyers in America, Construction Law, 2019-present; Commercial Litigation, 2020-present; Construction Litigation, 2021-present

Super Lawyers Rising Stars, Construction Litigation, 2012-2015


  • Successfully obtained summary judgment against property owner on behalf of general contractor for violation of Arizona's Prompt Payment Statute.

  • Negotiated resolution to a dispute without litigation on behalf of a commercial general contractor in a matter involving final payment of construction contract against a regional bank.

  • Obtained arbitration ruling in commercial dispute in which the firm’s client, a national truck and trailer rental company, was the defendant in the arbitration and awarded damages.

  • Obtained summary judgment for Arizona agribusiness client accused of spraying defoliant on plaintiff's cotton crop.

  • Represented national security company and national grocery retailer in a case involving a security guard who was involved in an altercation with a shoplifter who suffered serious injuries outside of supermarket.

  • Represented national automotive retailer in suit seeking millions in damages. Jury awarded plaintiffs a nominal amount.


State Bar of Arizona

Volunteer Lawyers Program


Co-Editor, Arizona Construction Law Practice Manual, 3rd Ed., 2016

“Contractor Licensing” (Chapter Author), Arizona Construction Law Practice Manual, 3rd Ed., 2016

Construction Risk Management Through Insurance” (Chapter Co-Author), Arizona Construction Law Practice Manual, 3rd Ed., 2016

Spoliation” (Chapter Author), Arizona Construction Law Practice Manual, 3rd Ed., 2016

Chapter Author, Arizona Construction Law Practice Manual, 2nd Ed., 2011


Subcontractor Negotiating Strategy” (PowerPoint PDF), American Subcontractors Association of Arizona, April 2019

Construction Schedules, Change Orders, Delay Damages and Relevant Contractual Issues” (PowerPoint PDF), March 2019

“Overview of Public Works Projects: Federal Project Payment Bonds - Miller Act,” Construction Law Essentials, State Bar of Arizona, February 2019 | Outline (PDF): Overview of Arizona Construction Procurement

Contractual Indemnification in Construction,” American Subcontractors Association of Arizona, November 2017

“Contractual Indemnification,” Farmer Woods Group, June 2017

“Bid Mistakes,” February 2016

“Building a Safety Net: Contracts and Risk Management Integrated Solutions,” 2014

“The Owner’s Duties and Responsibilities in a Construction Project in Arizona,” 2008


California, 2011

U.S. District Court, District of Arizona, 2005

Arizona, 2004


J.D., James E. Rogers College of Law, University of Arizona, 2004

B.S., Arizona State University, 1998

Community Involvement

Volunteer Soccer Coach, Phoenix Rising FC Youth Soccer