Related Practices

Education

J.D., University of Texas School of Law, 1984
B.A., cum laude, University of Texas, 1981

Bar Admissions

Arizona, 1985

Frances J. Haynes

Partner

vCard

Phoenix

40 North Central Avenue
Suite 1900
Phoenix, Arizona 85004

Phone 602.262.5710

Fax 602.734.3913

About Frances Haynes

Ms. Haynes is a partner and a leading attorney in the firm's Litigation and Construction Practice Groups. Her practice emphasizes providing legal advice to businesses on all facets of commercial law and development issues. Ms. Haynes has experience in all phases of the construction process, including negotiation and documentation of construction agreements, architectural and engineering contracts from inception to completion of the project. She also has 25 plus years experience litigating construction claims, defective work warranty and liquidated damages issues. She routinely handles defense of commercial breach of contract issues, indemnity claims, construction extra work and delay claims in litigation and arbitration. Ms. Haynes has represented private enterprises and public entities on commercial procurement and alternative energy. She has 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.

Ms. Haynes regularly counsels clients on avoiding litigation or arbitration by utilizing client-oriented contract documents and resolving disputes outside of litigation when possible.

In addition, Ms. Haynes has spoken to various industry organizations, such as the Arizona Builder’ Alliance (formerly the Arizona Building Chapter of the Association of General Contractors), the American Subcontractors Association, the National Association of Women Construction Business Owners and the National Association of Credit Managers. She also frequently serves as a speaker at Maricopa County Bar Association and State Bar Association seminars. Topics have included 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 and licensing of contractors in the State of Arizona including legal ramifications of non-compliance.

Representative Cases/Matters

Negotiated, structured and documented engineering, procurement and construction agreements and solar qualified management agreements for solar facility.
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.
Complete defense verdict in favor of a publicly traded company sued for business interference and breach of a series of commercial contracts by an international security firm. The unsuccessful opposing party, after failing to recover any monies from the client, was also ordered to pay the client’s fees and costs.
Representation of Owners in the negotiation and documentation of all types of construction and alternative energy contracts, including design build and at risk construction
Routinely handles lien and bond claims on private and publicly funded construction projects.
Successful defense of public entity owner against a $900,000 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.

Memberships and Affiliations

American Bar Association, Member
Arizona State Bar Association Construction Law Section, Member (First Woman Chair, Former Officer, Former Board Member and has been a member of the committee responsible for construction-related continuing legal education)
Panelist and presenter at the annual Arizona State Bar Construction Law Seminar
Maricopa County Bar Association, Member
Fresh Start Women’s Foundation, Executive Board Member and is currently the Chair of Fresh Start Women’s Foundation Planning Giving Committee and a Founding Member of their Legacy Society

Publications

Contributor, "Arizona Construction Law 2010," State Bar of Arizona, 2010
Author, "Attorneys Fees in Construction," Arizona Attorneys' Fees Manual, 5th ed, 2010

Ms. Haynes has authored the Claims Chapter of the Construction Law Practice Guide, published by the State Bar of Arizona in 1999. Ms. Haynes also served as an editor for the 1988, 1990 and 1993 Revisions of Arizona Construction Law, published by the State Bar of Arizona. She also authored the Real Property Chapter of Arizona Limitations, which was published by the State by of Arizona in 1991 and the supplement that was published in 1993.

Speaking Engagements

Presenter, "Stop Notice Remedies," State Bar of Arizona Construction Law Program, February 2010

Court Admissions

U.S. District Court, Arizona, 1985

Other Distinctions

Ms. Haynes has an "AV/Preeminent Attorney" rating with Martindale-Hubbell and is listed in the 2006-2013 editions of The Best Lawyers in America ®, by Woodward/White, Aiken, S.C. in the category of Construction Law and Construction Litigation. She is also listed in the 2009-2013 editions of Southwest Super Lawyers in the category of Construction Litigation, and is named a Top 25 Female Attorney in the 2013 edition. Ms. Haynes was included in the April 2010 edition of AZ Business' Top Lawyers, in the category of Construction & Real Estate Law.

Ms. Haynes is also fluent in Spanish.