Frances J. Haynes

Overview

Frances Haynes, Partner, is the Chair of Lewis Roca Rothgerber Christie's Real Estate Industry Team. Her practice emphasizes providing focused, cost-effective legal advice to businesses, owners, and 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. In January 2018, Frances was named Fellow of the Construction Lawyers Society of America.

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:

Procurement
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.

Memberships & Affiliations

Arizona State Bar Association Construction Law Section, Member (First Female Chair, Former Officer, Former Board Member and has been a member of the committee responsible for construction-related continuing legal education)
Construction Lawyers Society of America, Trial Law Institute and Diversity Law Institute, Member
Annual Arizona State Bar Construction Law Seminar, Panelist and presenter
Maricopa County Bar Association, Member
American Bar Association, Member
Fresh Start Women's Foundation Legacy Society, Founding Member
Fresh Start Women's Foundation Planning Giving Committee, Chair
Fresh Start Women's Foundation, Executive Board Member

Related Services

Litigation

Construction Projects

Alternative Dispute Resolution

Construction Disputes

Real Estate Services

Acquisition, Development & Divestiture

Government Contracts

Complex Litigation

Real Estate Litigation

Liquor Law

Eminent Domain

Related Industries

Construction

Real Estate

Representative Matters

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 in 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.
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.

Related News

04/06/2020

Lewis Roca Rothgerber Christie Attorneys Recognized as 2020 Southwest Super Lawyers® and Southwest Rising Stars®

08/15/2019

04/15/2019

Lewis Roca Rothgerber Christie Attorneys Recognized as 2019 Southwest Super Lawyers® and Southwest Rising Stars®

08/15/2018

05/17/2018

Frances Haynes Featured in Q&A session in the May 2018 Issue of Construction Business Owner

04/23/2018

Lewis Roca Rothgerber Christie Attorneys Recognized as 2018 Southwest Super Lawyers® and Southwest Rising Stars®

Lewis Roca Rothgerber Christie announced 25 attorneys have been recognized as 2018 Southwest Super Lawyers® and 13 attorneys have been named as 2018 Southwest Rising Stars®.

01/29/2018

Lewis Roca Rothgerber Christie Partner Frances Haynes Named Fellow of Construction Lawyers Society of America

Frances Haynes, Chair of Lewis Roca Rothgerber Christie's Real Estate Industry team, was selected as a Fellow of the Construction Lawyers Society of America

8/15/2017

Partners honored as Lawyer of the Year by Best Lawyers

85 Lewis Roca Rothgerber Christie attorneys in The Best Lawyers in America 2018

04/04/2017

DeWald, Freeman share John P. Frank Pro Bono Attorney of the Year Award

59 attorneys earn recognition for providing more than 50 pro bono hours in 2016

08/15/2016

83 Lewis Roca Rothgerber Christie attorneys named in ‘Best Lawyers'

11 partners also honored as ‘Lawyer of the Year' in The Best Lawyers in America® 2017

01/12/2016

Stock Show honors Sullivan as 2016 Citizen of the West

Lewis Roca Rothgerber Christie LLP salutes former partner's accomplishments

8/26/2015

Nine Partners Honored as ‘Lawyer of the Year'

4/10/2015

36 Lewis Roca Rothgerber Attorneys Named in 2015 Southwest Super Lawyers®

8/19/2014

4/15/2014

42 Lewis Roca Rothgerber Attorneys Named in 2014 Southwest Super Lawyers

4/10/2014

Lewis Roca Rothgerber Attorneys Named To 2014 Arizona Top Lawyers List By AZ Business Magazine

Presentations

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

Publications

"Benefits of the 2016 Arizona Business Entities Competitive Omnibus Act," Legislation enables electronic meetings and easier written shareholder consents and corrects common issues affecting Arizona corporations and partnerships, 07/22/2016
"ADA litigation on the rise in Arizona," 06/21/2016
Co-Author, "Recent Court Ruling Affects AZ Subcontractors and Suppliers," Recent Court Ruling Requires that Preliminary 20-Day Notices for Bonded Public Projects Must be Served by Registered or Certified Mail, May 2015
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
Author, "The Real Property Chapter of Arizona Limitations," State by of Arizona in 1991, Supplement, 1993.
Editor, "Revisions of Arizona Construction Law," State Bar of Arizona, 1988, 1990, 1993

Distinctions

The Best Lawyers in America - Woodward/White, Aiken, S.C. - Construction Law and Construction Litigation, 2006-2020

Construction Lawyers Society of America - Fellow, 2018, 2019

Southwest Super Lawyers - 2013 Top 25 Female Attorneys - Construction Litigation, 2009-2019

Arizona Commercial Real Estate Magazine - "Most Influential Women in Commercial Real Estate for 2019"

Martindale-Hubbell - "AV/Preeminent Attorney" Rating - Highest Possible Peer Review Rating in Legal Ability & Ethical Standards, 25 Years, 1993-2018