Sacks Tierney P.A.

Member of Meritas: 173 full-service law firms serving more than 200 markets worldwide

480-425-2600

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Brian M. Flaherty

480.425.2648

 

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 insurance 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.

Brian’s insurance 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.

Practice Areas

Construction Law

Commercial Litigation

REPRESENTATIVE MATTERS

  • 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.

HONORS & AWARDS

Super Lawyers Rising Stars, Construction Litigation, 2012-2015

PROFESSIONAL MEMBERSHIPS

State Bar of Arizona

Volunteer Lawyers Program

PUBLISHED WRITING

“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

PRESENTATIONS

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

COURT AND BAR ADMISSIONS

California, 2011

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

Arizona, 2004

EDUCATION

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

B.S., Arizona State University, 1998