Jay M. Mann

Jay M. Mann

Managing Partner
Mann, Berens & Wisner, LLP
Phoenix, Arizona 85012
Phone: (602) 258-6218
Fax: (602) 258-6212
E-mail:


Areas of Practice:

  • Arbitrations and Mediations
  • Commercial Litigation
  • Construction
  • Corporate Law
  • Fidelity and Surety
  • Real Estate
  • Transactions

Court Admissions:

  • Arizona, 1979
  • Illinois, 1975
  • United States Court of Appeals, Ninth Circuit
  • United States District Court, District of Arizona

Education:

  • Loyola University School of Law (Chicago), J.D. (with honors), 1975
    Law Review Author and Editor
  • University of Illinois, B.A. (Economics and Mathematics), 1972

Professional Memberships and Activities:

  • American Arbitration Association
    Construction Large Complex Case Panel of Arbitrators and Mediators
  • American Bar Association
    Tort Trial and Insurance Practice Section
    Fidelity and Surety Law Committee, Two-term Past Vice Chair
    Forum Committee on the Construction Industry
  • Defense Research Institute
  • International Association of Defense Counsel
  • Maricopa County Bar Association
    Construction Law Section
    Corporate Counsel Section
  • National Bond Claim Association
  • State Bar of Arizona
    Construction Law Section
  • State Bar of Illinois
  • Superior Court of Maricopa County, Arizona, Former Judge Pro Tempore
  • Surety Association of Arizona
  • Surety Claims Institute

Reported Decisions:

  • Newbery Corp. v. Fireman’s Fund Insurance Co., 95 F.3d 1392 (9th Cir. 1996) (construction surety allowed to offset bond losses against bond principal/chapter 11 debtor’s multi-million dollar claim for equipment rent)
  • D&S Redi-Mix v. Sierra Redi-Mix & Contracting Co., 692 F.2d 1245 (9th Cir. 1982) (suit between redi mix suppliers for unfair competition and antitrust violations)
  • Cashway Concrete & Materials v. Sanner Construction Co., 158 Ariz. 81, 761 P.2d 155 (App. 1988) (mechanic;s lien foreclosure case; established, among other things, that attorneys; fees are not recoverable in lien foreclosure action)
  • Powers v. Kawa, 177 Ariz. 1, 864 P.2d 558 (1993) (multi-million dollar claim against real estate developer for breach of contract, interference against real estate developer for breach of contract, interference with contract and other theories of liability)

Presentations:


Mr. Mann is a frequent lecturer and seminar panelist, including:
  • State Bar of Arizona, Real Property Section, 2005
  • Maricopa County Bar Association, Construction Law Section, 2004
  • National Bond Institute Seminar, Construction Defect and Mold Litigation, 2003
  • International Association of Defense Counsel, Fidelity & Surety Trial Practice Program, 1998
  • National Bond Claim Association, 1997
  • Construction Superconference, 1997
  • National Institute of the American Bar Association, Tort and Insurance Practice Section, The Law of Suretyship, 1993-1996
  • Program Chairman of Annual Meeting of the American Bar Association, Fidelity and Surety Law Committee, 1992

Publications:

  • Author of chapter entitled The Surety's Enforcement of Its Rights to Collateral, contained in Klinger, The Surety;s Indemnity Agreement, Law & Practice, published by the American Bar Association, Tort Trial and Insurance Practice Section, 2002
  • Author of chapter entitled Deciding to Litigate: In the Bankruptcy Court, contained in Bruner, Managing and Litigating the Complex Surety Case, published by American Bar Association, Tort and Insurance Practice Section, 1998
  • Contributing author of The Most Important Questions A Surety Can Ask About Performance Bonds, published by American Bar Association, Tort and Insurance Practice Section, 1997
  • Contributing author and editor of Project Update 1995: Illustrative Provisions of a General Indemnity Agreement Taken In Connection With Contract Surety Bonds, published by Defense Counsel Journal, 1995
  • Author of chapter entitled Exoneration and Quia Timet, contained in The Law of Suretyship, published by American Bar Association, Tort and Insurance Practice Section, 1993
  • Author of chapter entitled Enforcing The Surety;s Rights Prior To Actual Payment Of Claims, contained in The Pursuit of Surety and Indemnity Claims, published by Defense Research Institute, 1991
  • Contributing author and editor of An Overview of Surety and Bankruptcy Law, published by the Defense Research Institute, 1990
  • Author of Quia Timet: A Remedy For The Fearful Surety, 20 Forum 685, 1985

Community Activities:

  • Member, Temple Har Zion in Scottsdale, Arizona

Personal Information:

  • Mr. Mann has been married 28 years to his wife Susan and has two adult children, Sarah and Jeff. He moved to Phoenix from Chicago in 1979. Mr. Mann enjoys golf and hiking.


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AREAS OF PRACTICE
AT A GLANCE


Surety and Construction Law



Mann, Berens & Wisner has, since its inception, maintained a substantial practice in the area of surety law.  The firm’s surety lawyers have experience actively negotiating with project owners, creditors and financially troubled contractors.  Our lawyers have expertise in matters concerning default, project completion and takeovers by sureties and financing arrangements.  MBW provides representation and guidance in all phases of litigation involving such matters as construction disputes, bond claims, and contract defaults. For our surety clients, we aggressively pursue defaulting bond principals for indemnity. MBW’s surety clients include nearly all the sureties that issue bonds in Arizona and Nevada.

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