Frances Haynes is the Chair of Lewis Roca Rothgerber Christie's Real Estate Construction Law practice group. Her practice emphasizes providing focused, cost-effective legal advice to contractors on all facets of commercial law, development issues and risk avoidance. She is experienced in all phases of the construction process, including responding to RFPs and RFQs, negotiation and documentation of construction, architectural and engineering contracts in all iterations (i.e. Design Bid Build, CMAR, Design Build, EPC, PPP, IPD) from inception to project completion. She has been rated an "AV/Preeminent Attorney" in Martindale-Hubbell for the last 25 years and was named among the Top 25 Female Attorneys in Arizona in Southwest Super Lawyers. She was also the first woman to serve as Chair of the Construction Law Section of the Arizona State Bar Association.
Frances has nearly three decades of experience litigating and arbitrating construction claims, defective work warranty and liquidated damages, employment and personal injury claims. She has successfully tried civil litigation cases through trial, including seven-figure damage claims arising from personal injury, commercial breach of contract issues, indemnity claims, construction extra work and delay claims in litigation and arbitration. Frances has represented private businesses and public entities on commercial procurement and alternative energy. She has also tried and arbitrated cases in both state and federal court and through private judges/arbitrators where the cases could not be resolved on favorable terms.
Mediation. Frances regularly counsels clients on avoiding litigation or arbitration by utilizing client-oriented contract documents and resolving disputes outside of litigation. She has participated in countless arbitrations and mediations. She holds a Mediator Certificate of Completion from the American Arbitration Association. She recently completed a 40-hour mediation course sponsored by the Arizona Attorney's General Office.
In addition, Frances has spoken to various industry organizations, such as:
- The State Bar of Arizona
- The Arizona Builders Alliance (formerly the Arizona Building Chapter of the Association of General Contractors)
- The National Association of Women Construction Business Owners
- The National Association of Credit Managers
She also frequently serves as a speaker at Maricopa County Bar and State Bar Association seminars. Topics have included:
- Litigation avoidance
- Contract interpretation
- UCC issues
- Arbitration and mediation of legal disputes
- Legal issues facing general contractors and subcontractors
- The bid process
- The estimating process and related disputes
- Bid protests and legal problems
- Claims against public entities
- Licensing of contractors in the State of Arizona including legal ramifications of non-compliance.
- Successful representation of a contractor in a Federal Bid Protest at the US Federal Court of Claims in a best value award for $95M worth of work.
- Successfully represented large mining company in a two-week trial case in a Federal Court case where plaintiff's claim of personal injury due to alleged chemical inhalation exposure was rejected.
- Successfully represented a commercial developer/owner trial for breach of contract and violation of prompt pay laws; following two-week trial, developer/owner won and recovered attorney fees and costs.
- Negotiated, structured and documented Engineering, Procurement and Construction Agreements and Solar Qualified Management Agreements for large scale solar projects.
- Negotiated and documented Architectural, Engineering and Construction services agreement from inception through successful completion of the highly acclaimed Arizona Cancer Center of behalf of the Owner, University Medical Center
- Served as primary counsel defending publicly traded corporation in international litigation after the client was sued in federal court for $23,000,000 for alleged breaches of contract, business interference, extra work, delay damages and retention. Case favorably settled after several days of mediation following mediation-directed discovery and limited motion practice (for cost-containment reasons). Client paid contract retention, accrued interest on the retention and anticipated defense costs only.
- Successfully representation of commercial developer/owner trial for breach of contract and violation of prompt pay laws; following two-week trial, developer/owner won and recovered attorney fees and costs.
- Represented owners in the negotiation and documentation of all types of construction and alternative energy contracts, including Integrated Project Delivery, Design Build and At-Risk Construction
- Successfully defended public entity owner against a seven-figure construction claim for breach of contract, delay and extra work claims. Following two weeks of evidentiary hearings to an administrative tribunal, client obtained a complete administrative law order in its favor and the opposition was ordered to pay client’s fees and costs in connection with the successful defense.
- Presenter, "Arizona Lien and Bond Laws," The State Bar of Arizona, 2012
- Presenter, "Procurement: Fundamentals of Construction Contracts," Project Managers and Legal Executives for Multi National Solar Company, March 2012
- Presenter, "Stop Notice Remedies," State Bar of Arizona Construction Law Program, February 2010
- Presenter, "Payment Remedies," Construction Industry Group, January 2009
- Presenter, "AZ Lien, Bond and Prompt Pay Laws," The State Bar of Arizona, January 2009
- Presenter, "Debt, Debt and More Debt," Construction Financial Division, March 2005
- Presenter, "Termination for Convenience Clauses and Damages for Wrongful Termination of a Construction Contract," The State Bar of Arizona, February 2007
- Presenter, "Understanding Contracts and Collections: Knowing Your Rights," January 2004
- Presenter, "Construction-Bankruptcy Issues," Bankruptcy Seminar, July 2000
- Contributor, "Arizona Construction Law 2010," State Bar of Arizona, 2010
- Author, "Attorneys Fees in Construction," Arizona Attorneys' Fees Manual, 5th ed, 2010
- Author, "Claims Chapter and Supplements," Construction Law Practice Guide, 1999.
- Editor, "Revisions of Arizona Construction Law," State Bar of Arizona, 1988, 1990, 1993
- Author, "The Real Property Chapter of Arizona Limitations," State by of Arizona in 1991, Supplement, 1993.
- The Best Lawyers in America - Woodward/White, Aiken, S.C. - Construction Law and Construction Litigation, 2006-2017
- Southwest Super Lawyers - 2013 Top 25 Female Attorneys - Construction Litigation, 2009-2015
- Martindale-Hubbell - "AV/Preeminent Attorney" Rating
- AZ Business Magazine - Top Lawyers - Construction Real Estate Law, 2010