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Mann,
Berens & Wisner, LLP
3300 N. Central Ave.
Suite 2400
Phoenix, AZ 85012
602-258-6218
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Jay M. Mann
MANAGING PARTNER
Jay Mann enjoys
golf, pool and hiking the Grand Canyon. He and his wife Susan moved to Phoenix from Chicago in 1979.
They have two adult children, Sarah and Jeff. Jay is an adjunct professor at
ASU's Sandra Day O'Connor College of Law for the 2011-2012 academic year,
lecturing on direct examination and cross examination of expert witnesses.
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PRACTICE AREAS |
Commercial Litigation
Construction Law
Surety Law
Fidelity Law
Arbitrations and Mediations
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EDUCATION |
J.D. (with honors),
Loyola University of Chicago, 1975
B.A., Economics and
Mathematics, University of Illinois, 1972 |
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COURT
AND BAR ADMISSIONS |
State Bar of Arizona, 1979
Illinois State Bar
Association, 1975
U.S. District Court, District of Arizona
U.S. District Court,
Northern District of Illinois
U.S. Court of Appeals,
Seventh and Ninth Circuits |
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MEMBERSHIPS |
American
Arbitration Association
American Bar
Association
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Tort and Insurance Practice Section
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Fidelity and Surety Law Committee (Vice Chair)
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Forum Committee on the Construction Industry
State Bar of
Arizona
Maricopa County
Bar Association
International
Association of Defense Counsel
National Bond
Claims Association
Surety Claims
Institute
Defense Research
Institute
Surety
Association of Arizona
Superior Court of
Maricopa County, Arizona, Judge Pro Tempore
Sandra Day O'Connor College of Law, Arizona State University: Adjunct
Professor, 2011-2012
Super Lawyers®
(Construction/Surety), 2009, 2010, 2011
The Best Lawyers in America®, 2011, 2012
Arizona's Finest
Lawyers, 2011
AV®
Preeminent™
rated lawyer (highest rating) by Martindale-Hubbell |
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SIGNIFICANT 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)
Pueblo Santa Fe
Townhomes Owners Assoc. v. AKDH, LLC, 218 Ariz. 13, 178 P.3d 485 (Ariz. Ct.
of App. 2008) (Insurer estopped from denying coverage under CGL policy for
“Morris Judgment” arising from defective construction)
ISEC v. One Beacon
Ins., 1 CA-CV 03-0657, (Ariz. Ct. of App. 2004) (unpublished opinion)
(pay-if-paid clause held to be valid defense for general contractor and surety
against supplier’s claim for non-payment)
Powers v. Kawa,
177 Ariz. 1, 864 P.2d 558 (Ariz. S.Ct. 1993) (Judgment following trial against a real
estate developer for breach of contract, interference with contractual relations and other theories
of liability upheld by Arizona Court of Appeals and the Arizona Supreme Court)
Cashway Concrete &
Materials v. Sanner Construction Co., 158 Ariz. 81, 761 P.2d 155 (Ariz. Ct.
of App. 1988)
(Mechanics' lien case which addressed, among other things, whether attorneys'
fees are recoverable in lien foreclosure actions) |
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SIGNIFICANT ARTICLES |
"Problems
and Pitfalls Handling AIA Bond Claims" (co-author), Continuing
education for surety claims departments, 2011
"How
Prompt Payment Laws Affect the Surety" (co-author), Surety and Fidelity
Claims Institute, 2011
"Recent Developments in
Arizona Law of Implied Warranties," State Bar of Arizona Construction Law
Section, 2010
"Complimentary Provisions
of the Indemnity Agreement" (chapter), The Surety’s Indemnity Agreement: Law
and Practice, 2nd Ed., American Bar Association, 2008
“Ethical Issues Raised by
the Joint Representation of a Surety and a Bond Principal,” Continuing education
for surety claims departments, 2007-2010
“Understanding Your
Payment Settlement Options,” National Business Institute, 2007
“Owner Beware: Surety
Defenses to Performance Bond Claims That Work!” Maricopa County Bar Association,
2004
“What Claims are
Available to the Contractor on a Problem Job and How the Contractor Should
Substantiate the Claims,” Lorman Education Services, 2002
"Project Update 1995:
Illustrative Provisions of a General Indemnity Agreement Taken In Connection
with Contract Surety Bonds" (contributing author and editor), Defense Counsel
Journal, 1995
"Recoverability of Delay
Damages," International Association of Defense Counsel, 1994
"Exoneration and
Quia
Timet" (chapter author), The Law of Suretyship, American Bar Association, 1993
"Enforcing the Surety's
Rights Prior to Actual Payment of Claims" (chapter author), The Pursuit of
Surety and Indemnity Claims, Defense Research Institute, 1991
An Overview of Surety
and Bankruptcy Law (contributing author and editor), Defense Research
Institute, 1990
"Dual Obligee Bonds – An
Overview of the Surety’s Liability to Co-Obligees," American Bar Association,
1988
"Quia Timet: A Remedy for
the Fearful Surety," 20 Forum 685, 1985 |
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SIGNIFICANT PRESENTATIONS |
"How Prompt Payment Laws
Affect the Surety," Surety and Fidelity Claims Institute, 2011
"The Impact of Prompt Pay
Violations on Bond Claims and Surety Defenses," American Bar Association, Forum
on Construction Industry, 2011
"Mastering
Construction Law: A Close Look at Ten Arizona Statutes that May Impact Your
Construction Practice," State Bar of Arizona, Construction Law Section, 2011
"New AIA Performance and
Payment Bond Forms," Surety Association of Arizona, 2011
"The Surety's Enforcement
of Its Rights to Collateral from the Principal and the Indemnitors," 2002 Annual
Mid-Winter Meeting, American Bar Association Tort and Insurance Practice
Section, Fidelity and Surety Law Committee
"The Law of Suretyship,"
National Institute of the American Bar Association, Tort and Insurance Practice
Section, 1993-1996
State Bar of Arizona,
Construction Law Section annual seminars, 2005-2011
Surety Association of
Arizona programs, 2009-2011
Maricopa County Bar
Association, Construction Law Section programs, 2008-2010
International Association
of Defense Counsel, Fidelity & Surety Trial Practice Program, 1998
Construction
Superconference programs, 1997 and 2003
National Bond Claim
Association program, 1997
Continuing education
presentations to surety claims departments, 2007-2011 |
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COMMUNITY
ACTIVITIES |
Member, Temple Chai,
Scottsdale, Arizona
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BIRTHPLACE |
Eskilstuna, Sweden
(raised in Chicago, Illinois) |
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