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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