Brian M. Flaherty
Brian Flaherty is an experienced trial lawyer who
believes in the ethical yet aggressive representation of his clients.
He focuses his practice
on construction and
coverage matters and commonly represents general contractors in disputes with
both private owners and the government. He has successfully represented
contractors in disputes over prompt payment, change orders, delay damages and
termination. He also represents contractors and construction professionals in
licensing matters and administrative hearings involving the Arizona Registrar of
Contractors and other government agencies.
In addition to being a
capable trial lawyer, Brian is often able to successfully resolve disputes
without resorting to litigation. But when necessary, he has obtained positive
results for clients in arbitrations and trials.
coverage practice involves counseling and litigation on behalf of corporate
policy holders with respect to designing insurance coverage strategies, advising
on policy implications resulting from lawsuits, and breach of contract and bad
faith litigation. Additionally, Brian handles litigation for transportation
companies, real estate developers, health care providers and other businesses.
Successfully obtained summary judgment against property
owner on behalf of general contractor for violation of Arizona's Prompt Payment
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
Represented national automotive retailer in suit
seeking millions in damages. Jury awarded plaintiffs a nominal amount.
HONORS & AWARDS
Super Lawyers Rising Stars, Construction Litigation,
State Bar of Arizona
Volunteer Lawyers Program
“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
Indemnification in Construction,” American Subcontractors Association of
Arizona, November 2017
“Contractual Indemnification,” Farmer Woods Group,
“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
COURT AND BAR ADMISSIONS
U.S. District Court, District of Arizona, 2005
J.D., James E. Rogers College of Law, University of
B.S., Arizona State University, 1998